The appeal was granted for a timely notice of disagreement with the effective date of service connection for PTSD, and new and material evidence was found to reopen claims for left ear hearing loss and asthma. However, other claims were denied.
The deciding factor: The decision was based on the lack of new and material evidence supporting the reopened claims for right ear hearing loss, lumbar spine condition, cervical spine condition, bilateral shoulder condition, as well as the denial of service connection for TMJ dysfunction and higher ratings for left knee conditions.
- Claimed conditions
- PTSD, right ear hearing loss, left ear hearing loss, asthma, lumbar spine condition, cervical spine condition, bilateral shoulder condition, TMJ dysfunction, left knee flexion, left knee extension, left knee instability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- 24032705
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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
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