The Board denied service connection for defective hearing of the right ear and a compensable rating for defective hearing of the left ear. The issue regarding timely appeal for diabetes mellitus was also addressed, but no decision on this matter is provided in the text.
The deciding factor: The veteran did not have a legally cognizable hearing disability of the right ear and his left ear hearing acuity levels were consistently at level I (normal) under both old and new rating criteria. The Board found that he was not entitled to any higher ratings based on these findings.
- Claimed conditions
- Defective Hearing
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 21, 2001
- Citation
- 0105333
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. Search VA.gov for the original decision (opens in a new tab) using citation 0105333.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's appeal for increased SMC under 38 U.S.C. § 1114(p) and higher rate of SMC based on the need for a higher level of aid and attendance under 38 U.S.C. § 1114(r)(2) is denied due to lack of eligibility for compensation at the maximum rate or intermediate rate authorized.
- Whole decision: Denied
The Veteran's defective hearing has been rated as noncompensable, and the Board found that his hearing loss does not meet the criteria for a compensable rating based on audiometric testing results.
- Whole decision: Granted
The Board in 1956 incorrectly applied the presumption of soundness, leading to a denial of service connection for defective hearing. The Court reversed this decision and held that if the Board had correctly applied the law at the time, it would have found service connection due to the Veteran's preexisting condition worsening during service.
- Whole decision: Denied
The Veteran does not have service-connected defective hearing as his current hearing loss is not shown to be related to military service, including noise exposure.
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