The veteran is entitled to a total evaluation for hearing loss effective January 22, 2004. However, he is not entitled to an earlier effective date for TDIU due to the fact that it was not factually ascertainable that he was unable to secure or follow a substantially gainful occupation prior to October 6, 2003.
The deciding factor: The veteran's bilateral hearing loss warranted a total evaluation since January 22, 2004. However, the claim for TDIU could not be granted earlier than October 6, 2003 due to lack of factual ascertainability regarding his employment status prior to that date.
- Claimed conditions
- Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 23, 2004
- Citation
- 0402456
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 0402456.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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