The veteran seeks an earlier effective date for service connection of bilateral hearing loss. The RO denied his claim in March 1995, finding that the right ear hearing loss pre-existed service and was not aggravated by service, and denying left ear hearing loss on the ground that he did not have a pre-existing condition. He filed another petition to reopen in June 1998, which was denied. The RO also considered his claim for CUE in March 1995 decision but found no error.
The deciding factor: The veteran's right ear hearing loss is determined to be service-connected based on the evidence of record from March 1995, while left ear hearing loss denial remains final due to lack of new and material evidence. The RO considered CUE in March 1995 decision but found no error.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2004
- Citation
- 0402564
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0402564.
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's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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