The Board denied an earlier effective date for the award of a total disability rating based upon individual unemployability, finding that the veteran's unemployability due to service-connected disabilities occurred as of September 19, 1994.
The deciding factor: The Board determined that the increase in service-connected disability resulting in unemployability had occurred as of, but no earlier than, September 19, 1994.
- Claimed conditions
- bilateral defective hearing, labyrinthitis with postural vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 30, 2004
- Citation
- 0402833
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (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 0402833.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the readjudication of the claims for service connection for bilateral defective hearing and tinnitus, as new and relevant evidence was received.
- Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance of another person throughout the period on appeal, warranting SMC based on the need for aid and attendance.
- Denied
The Veteran's claim for an increased rating for his service-connected bilateral defective hearing was denied as he failed to report for scheduled VA examinations without providing good cause.
- Dismissed
The Veteran's appeals for higher ratings on bilateral defective hearing and left ankle injury residuals, as well as his claims for special monthly compensation based on a need for aid and attendance or due to being housebound, and eligibility for a grant for specially adapted housing or special home adaptation have been dismissed due to the death of the appellant.
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