The veteran's appeal for an initial noncompensable disability rating and earlier effective date for hearing loss of the left ear was denied as he did not file a timely substantive appeal, and there was no claim prior to August 15, 2005.
The deciding factor: The veteran failed to submit a timely substantive appeal within one year from the notification of the March 3, 2006 rating decision or within sixty days from the issuance of the statement of the case. Additionally, there was no formal or informal claim for service connection prior to August 15, 2005.
- Claimed conditions
- hearing loss of the left ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2008
- Citation
- 0842684
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 0842684.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the claim for eligibility to enroll in the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is remanded due to insufficient evidence and lack of proper notice. The Veteran's service-connected disabilities do not result in a need for personal care services, but this determination was made without adequate medical justification or explanation.
- Partly granted
The Board granted service connection for hearing loss of the right ear and tinnitus, but denied it for the left ear.
- Denied
The Board denied the Veteran's claim for an effective date prior to August 1, 2003, for service connection for vertigo based on clear and unmistakable error in a March 1995 rating decision. The Board found that service treatment records unavailable at the time of the 1995 decision were duplicative of records already considered and would not have manifestly changed the outcome.
- Partly granted
The veteran's service connection for hearing loss of the left ear and tinnitus was granted. The claim for an initial, compensable rating for right-ear hearing loss was remanded.
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