The Board has determined that the veteran is not entitled to a rating in excess of 40 percent for defective hearing from January 9, 2001 to June 22, 2003. Since June 23, 2003, he meets the criteria for a 50 percent rating.
The deciding factor: The veteran's hearing loss has been stable at 40 percent since January 9, 2001 and increased to 50 percent as of June 23, 2003. The RO granted him a 50 percent rating effective from that date.
- Claimed conditions
- Defective Hearing
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 26, 2006
- Citation
- 0633146
Veterans Law Judge
Decisions by this judge: 832 · Granted: 18% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0633146.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's appeal for increased SMC under 38 U.S.C. § 1114(p) and higher rate of SMC based on the need for a higher level of aid and attendance under 38 U.S.C. § 1114(r)(2) is denied due to lack of eligibility for compensation at the maximum rate or intermediate rate authorized.
- Denied
The Veteran's defective hearing has been rated as noncompensable, and the Board found that his hearing loss does not meet the criteria for a compensable rating based on audiometric testing results.
- Granted
The Board in 1956 incorrectly applied the presumption of soundness, leading to a denial of service connection for defective hearing. The Court reversed this decision and held that if the Board had correctly applied the law at the time, it would have found service connection due to the Veteran's preexisting condition worsening during service.
- Denied
The Veteran does not have service-connected defective hearing as his current hearing loss is not shown to be related to military service, including noise exposure.
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