The Veteran's right ear hearing loss is not related to his service noise exposure.,The Veteran's DM II was not incurred in service.,The Veteran's left foot hallux valgus (post-surgery left foot bunionectomy residuals) was not incurred in service.,The Veteran does not have a diagnosed psychiatric disability, to include PTSD, depression, anxiety, and problems sleeping.,The Veteran's lower back pain was not incurred in service.
The deciding factor: There is no clear and unmistakable evidence to rebut the finding that the Veteran has right ear hearing loss and was exposed to hazardous noise during his active service. The October 2020 medical examiner explained that there was no significant permanent shift in the Veteran's right ear hearing threshold beyond regular testing variability from entrance to separation, which objectively demonstrates that his in-service noise exposure did not cause any permanent auditory damage.,There is no evidence of an in-service incurrence or aggravation of DMII and no nexus to service. The Board finds that the record does not indicate a causal connection between the Veteran's active military service and his post-service diagnosis of DMII.,The November 2020 examiner explained why the Veteran's left foot hallux valgus was not incurred in service, noting bilateral pes planus was noted on the Veteran's entrance examination, and his separation examination revealed no changes in his left foot. The Board finds that whether the Veteran's foot pain is due to hallux valgus or pes planus is a medically complex issue.,The Veteran does not have a current DSM-5 diagnosis of PTSD, depression, anxiety, and sleeping problems. Treatment records do not show any DSM-5 diagnoses, and they contain negative PTSD and depression screens. Although the treatment records show that the Veteran has problems sleeping, the medical professionals attributed those problems to physical pain rather than to a DSM-5 diagnosis.,The Board finds that there is no probative evidence suggesting a nexus between the Veteran's back pain and any incident during his active duty.
- Claimed conditions
- right ear hearing loss, diabetes mellitus type II (DM II), left foot hallux valgus (post-surgery left foot bunionectomy residuals), PTSD, depression, anxiety, problems sleeping, lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2024
- Citation
- A24054578
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24054578.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
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