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Board of Veterans' Appeals · AMA series

Entitlement to service connection for left ear hearing loss is dismissed.

July 30, 2026Citation Nr. A26069953Docket 211221-206953va.gov source

  • Entitlement to service connection for left ear hearing lossDenied
  • Entitlement to service connection for right ear hearing lossDenied
  • Entitlement to service connection for tinnitusGranted
  • Entitlement to service connection for gastroesophageal reflux disease (GERD)Granted
  • Entitlement to a rating of 10 percent, but no higher, for lumbosacral strainGranted

Board reasoning

The Board dismisses the left and right ear hearing loss issues because the Veteran withdrew those appeals before the decision was promulgated, leaving no viable issues for appellate consideration. The Board finds credible the Veteran’s lay reports regarding tinnitus onset during service and GERD symptoms, and resolves reasonable doubt in the Veteran’s favor, granting service connection for tinnitus and GERD. For lumbosacral strain, the record shows pain with functional impairment supporting a 10 percent rating under the applicable criteria, consistent with DeLuca considerations, but no higher rating is warranted given the lack of objective functional loss on examination; the Board notes the earlier severance did not affect these issues on appeal and discusses the evidence in the context of the AMA framework.

Issues

  • Entitlement to service connection for left ear hearing lossDenied
  • Entitlement to service connection for right ear hearing lossDenied
  • Entitlement to service connection for tinnitusGranted
  • Entitlement to service connection for gastroesophageal reflux disease (GERD)Granted
  • Entitlement to a rating of 10 percent, but no higher, for lumbosacral strainGranted

Authorities

  • Delisio v. Shinseki, 25 Vet. App. 45Cited for withdrawal of issues and resulting dismissal.
  • Acree v. O'Rourke, 891 F.3d 1009Supports finding withdrawal constitutes dismissal when no allegations remain.
  • Barr v. Nicholson, 21 Vet. App. 303Competency of lay testimony re continuity of symptoms.
  • Buchanan v. Nicholson, 451 F.3d 1331Credibility of lay statements regarding continuity.
  • Lynch v. McDonough, 21 F.4th 776Application of reasonable doubt standard.

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.