The veteran's attorney is denied eligibility for payment of attorney fees from past-due benefits awarded by the July 2006 grant of service connection for bilateral hearing loss and tinnitus. The decision also notes that an increased rating for the veteran's service-connected bilateral hearing loss has been granted, but does not affect the denial of attorney fees.
The deciding factor: The final Board decision regarding the increase in the rating for the veteran's service-connected bilateral hearing loss occurred after the July 2006 grant of service connection and before the attorney's claim for payment of attorney fees from past-due benefits was decided, thus not meeting the criteria for fee payment.
- Claimed conditions
- bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- September 18, 2008
- Citation
- 0831991
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 0831991.
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's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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