The Board denied the appeal for an earlier effective date for service connection for right ear otitis media, finding no clear and unmistakable error in previous rating decisions.
The deciding factor: The February 1966 and October 1983 rating decisions were based on correct facts and law as they existed at the time, and there was no evidence to contradict the reported history of chronic otitis media or the service branch's determination that this condition preexisted entry into active duty.
- Claimed conditions
- right ear otitis media
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904047
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (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 0904047.
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 remands the claim for a right ear disability, to include right ear otitis media and a perforated right ear drum, as additional development is necessary.
- Remanded (sent back)
The Veteran's service connection claims for various conditions are being remanded due to the need for TERA examinations considering his exposure to toxic substances during his service in Southwest Asia.
- Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for bilateral hearing loss due to in-service noise exposure and right ear infections, as well as her secondary service connection claim for hearing loss related to her service-connected right ear otitis media. The case is being returned for further development.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are remanded due to the need for new VA examinations and the retrieval of outstanding VA treatment records.
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