The Board denied the petition to reopen a claim for service connection for hearing loss and a left ear condition, as new and material evidence was not submitted.
The deciding factor: The evidence provided did not establish or suggest a nexus between the inservice incurrence and current disability, and was essentially duplicative of previously considered evidence.
- Claimed conditions
- hearing loss, tympanic membrane scarring
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905685
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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
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