The veteran's claim for an earlier effective date for service connection of bilateral hearing loss is denied. The claim for increased evaluations for bilateral hearing loss disability is also denied.
The deciding factor: The July 1985 and July 1986 decisions denying the claims are final, and no new or material evidence was submitted to reopen the claims prior to November 4, 1998. The effective date of service connection for bilateral hearing loss is fixed at the date of receipt of claim or date entitlement arose, whichever is later.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 23, 2006
- Citation
- 0601833
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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