The Board denied the reopening of a claim for residual scarring from head trauma due to lack of new and material evidence.,The hearing loss disability claim was remanded as no Statement of Claim had been filed.
The deciding factor: No new and material evidence has been submitted to reopen the claim for service connection for residual scarring from head trauma, while the hearing loss disability claim requires a Statement of Claim to be filed.
- Claimed conditions
- residual scarring from head trauma, hearing loss disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 14, 2007
- Citation
- 0739395
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 0739395.
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: Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Whole decision: Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the Veteran had a current hearing loss disability, PTSD, and right knee disability but remanded for further examination to determine their etiology.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's request for an effective date prior to April 29, 2021 for the grant of service connection for a hearing loss disability. The remaining issues on appeal have been remanded due to procedural errors and need further examination.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for a hearing loss disability, finding that there is no current evidence of a hearing loss disability and thus not meeting one of the three elements required for service connection.
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