The Board has determined that the effective date for the grant of service connection for bilateral hearing loss cannot be earlier than January 16, 2001, as it was based on the receipt of a claim rather than the factual determination of an etiological link to service.
The deciding factor: The effective date is fixed in accordance with the facts found but shall not be earlier than the date of receipt of application therefor. In this case, the grant of service connection for hearing loss was based on new and material evidence submitted after January 16, 2001.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2006
- Citation
- 0600865
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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