The Board granted service connection for breast cancer under the PACT Act, reopened and granted service connection for right ankle sprain and bilateral plantar fasciitis, denied service connection for left ear hearing loss, and denied a compensable rating for right ear hearing loss.
The deciding factor: The evidence received since the November 2007 decision is new and material to the claims of service connection for right ankle sprain and bilateral plantar fasciitis. The Veteran's breast cancer is presumed to be related to exposure to burn pit toxins under the PACT Act, but a compensable rating for right ear hearing loss was not supported by the evidence.
- Claimed conditions
- Right ankle sprain, Bilateral plantar fasciitis, Left ear hearing loss, Breast cancer
- How they argued it
- Not specified
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000801
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
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