The Veteran's claim for a compensable rating for bilateral hearing loss was denied, and multiple claims for service connection were remanded due to missing or unavailable service treatment records.
The deciding factor: The evidence of record during the evidentiary window does not support a compensable rating for the Veteran's bilateral hearing loss. Additionally, there is a pre-decisional duty to assist error regarding the missing service treatment records that requires further development.
- Claimed conditions
- bilateral hearing loss, acquired psychiatric disorder (other than PTSD), posttraumatic stress disorder (PTSD), back disorder, radiculopathy of the left lower extremity, radiculopathy of the left upper extremity, secondary to a back disorder, radiculopathy of the right lower extremity, secondary to a back disorder, radiculopathy of the right upper extremity, secondary to a back disorder, vertigo (claimed as blurry vision), Chronic Fatigue Syndrome, chronic headaches, skin disorder (claimed as chronic rash), gastroesophageal reflux disease (GERD), kidney disorder, left hand little finger disorder, bilateral knee disorder, bilateral leg disorder, right foot disorder, respiratory disorder (claimed as respiratory distress)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2025
- Citation
- A25032879
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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