The veteran had a 100% disability rating for bilateral deafness and residuals of tonsillectomy. The claim is denied as the appellant cannot establish hypothetical entitlement to a total disability rating for at least 10 years prior to death.
The deciding factor: The claim is based on hypothetical entitlement, which is not allowed under current regulations.
- Claimed conditions
- Bilateral deafness, Residuals of tonsillectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 14, 2005
- Citation
- 0519161
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 0519161.
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: Partly granted
The Board granted earlier effective dates for the grant of service connection for residuals of tonsillectomy and resection of benign vocal cord lesions, based on newly submitted relevant service department records.
- Whole decision: Denied
The Veteran's claims for earlier effective dates are denied as the increase in hearing loss was not factually ascertainable within one year prior to September 6, 2012. The effective date of special monthly compensation and Dependents' Educational Assistance benefits is also denied.
- Whole decision: Granted
The Veteran's service-connected disabilities, notably his TBI residuals, have manifested in loss of use of both feet. The Board finds that the evidence is at least in relative equipoise as to whether he meets the criteria for an automobile and adaptive equipment or for adaptive equipment only.
- Whole decision: Denied
The Board denied the veteran's claims for a compensable rating for otitis media and residuals of tonsillectomy, as there was no evidence of continuous suppurative process or aural polyps for otitis media, and no link to hoarseness or other symptoms for the tonsillectomy.
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