The Board granted service connection for bilateral hearing loss, finding that the evidence supports a relationship between the veteran's current hearing loss and his in-service noise exposure.
The deciding factor: The June 2004 private medical opinion has significant evidentiary value and indicates a relationship between the veteran's hearing loss and active military service. The VA examiner's opinion is not persuasive as it improperly relied on the lack of an in-service showing of hearing loss for VA purposes to determine that the current hearing loss could not be related to active service.
- Claimed conditions
- Allergic rhinitis, Bilateral hearing loss, Sarcoidosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2009
- Citation
- 0904181
Veterans Law Judge
Decisions by this judge: 1,293 · Granted: 17% (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 0904181.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for further development. The Veteran contends his allergic rhinitis began during service, but VA medical opinions have found no link between his current condition and service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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