The Board found that the appellant's claim for an increased evaluation of his service-connected bilateral hearing loss was well-grounded and satisfied its duty to assist. However, it determined that the evidence did not support a higher rating than the current 40 percent assigned under both old and new VA Schedule for Rating Disabilities criteria. The Board also concluded that the substantive appeal regarding the issue of increased evaluation for residuals of right elbow dislocation was inadequate.
The deciding factor: The appellant's substantive appeal did not discuss any errors of fact or law regarding the issue of entitlement to an increased evaluation for residuals of right elbow dislocation, currently evaluated as 10 percent disabling. The Board lacked jurisdiction to consider this issue due to the inadequacy of the appeal.
- Claimed conditions
- Bilateral Hearing Loss, Right Elbow Dislocation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 28, 2000
- Citation
- 0017045
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 0017045.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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