The Board denied the veteran's claims for an earlier effective date and a higher initial disability evaluation, finding that new and material evidence could not serve as the basis for such a determination.
The deciding factor: The Board held that reopening of the claim based on new and material evidence was not possible due to the finality of prior decisions regarding the effective date of service connection.
- Claimed conditions
- hearing loss of the right ear, right peripheral vestibular dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 29, 2004
- Citation
- 0434252
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 0434252.
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: Dismissed
The Board has dismissed all claims as the Veteran died during the appeal process.
- Whole decision: Granted
The Board granted service connection for hearing loss of the right ear, resolving reasonable doubt in favor of the Veteran.
- Whole decision: Partly granted
The Board granted service connection for sleep impairment and hearing loss of the right ear, and a 30 percent rating for residuals of a left eye injury from April 27, 1998. The claim for a higher rating was denied.
- Whole decision: Partly granted
The Board granted service connection for hearing loss of the right ear and tinnitus, but denied it for the left ear.
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