The claim for service connection for a bilateral hearing loss disability was reopened, but ultimately denied. The claims for left ear fungus/otitis, nasopharyngitis, bronchitis, and bronchial asthma were not reopened.
The deciding factor: The private medical opinions provided new evidence suggesting a relationship between the veteran's current hearing loss and in-service noise exposure, thus reopening the claim. However, the competent evidence does not associate any of the claimed conditions with active duty service or any incident therein.
- Claimed conditions
- Left ear fungus/otitis, Bilateral hearing loss disability, Nasopharyngitis, claimed as residuals of exposure to mustard gas, Bronchitis, claimed as residuals of exposure to mustard gas, Bronchial asthma, claimed as residuals of exposure to mustard gas
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2008
- Citation
- 0815508
Veterans Law Judge
Decisions by this judge: 2,162 · Granted: 21% (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 0815508.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted effective dates of August 10, 2022 for hypertension and July 25, 2023 for diabetes mellitus, type II, bilateral lower extremity diabetic peripheral neuropathy, a bilateral hearing loss disability, and tinnitus.,The Veteran's conditions were found to have manifested no later than the dates specified in their respective effective dates.
- Granted
The Veteran's claim for an increased rating for thoracolumbar spine degenerative arthritis and DDD was granted effective August 29, 2022. Service connection was established for vitreous syneresis / vitreous floaters of both eyes. The claims for service connection for refractive error of both eyes (myopia and astigmatism), bilateral hearing loss disability, residuals of a traumatic brain injury (TBI), obstructive sleep apnea, and an acquired psychiatric disorder (PTSD) were all denied.
- Dismissed
The Veteran's appeals have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these claims as they are moot.
- Denied
The Veteran's claims for an earlier effective date, a compensable rating for bilateral hearing loss disability, and increased ratings for hypertension and an acquired psychiatric disorder have all been denied. The Board found that the evidence did not support an earlier effective date due to lack of intent or claim filing prior to July 14, 2022. For the other claims, the evidence did not meet the criteria for a compensable rating for bilateral hearing loss disability and for increased ratings for hypertension and an acquired psychiatric disorder.
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