The VA denied an increased rating for the veteran's service-connected perforation of the left tympanic membrane with mixed hearing loss, as his condition did not meet the criteria for a compensable evaluation.
The deciding factor: The veteran's hearing impairment was rated at level I under the old regulations and did not warrant a higher rating based on the provided evidence.
- Claimed conditions
- Perforation of the left tympanic membrane, Mixed hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 13, 2004
- Citation
- 0404379
Veterans Law Judge
Decisions by this judge: 396 · Granted: 19% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0404379.
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 claim for service connection for perforation of the left tympanic membrane was denied as new and material evidence had not been submitted, and he did not meet the eligibility requirements for nonservice-connected pension benefits.
- Whole decision: Denied
The Board has determined that the veteran does not have current disabilities related to his head injury or perforated tympanic membrane, and thus service connection cannot be established for these conditions.
- Whole decision: Granted
The veteran's claim for an increased evaluation for mixed hearing loss was granted, with a current rating of 20 percent effective November 17, 1998.
- Whole decision: Denied
The veteran's claim for a compensable rating for residuals of a left tympanoplasty was denied as there is no evidence of an active middle ear or mastoid disease, and the veteran does not have any diagnosed ear infections associated with his left tympanoplasty.
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