The appeal was denied as new and material evidence to reopen the claim for service connection for bilateral hearing loss, to include as secondary to service-connected paralysis of the 7th cranial nerve, was not received. Additionally, compensation benefits under 38 U.S.C.A. § 1151 for an additional eye disability were found without legal merit.
The deciding factor: The evidence submitted did not establish a medical nexus between the Veteran's hearing loss and his service or his service-connected paralysis of the 7th cranial nerve, nor was it shown that the additional eye disability arose from VA treatment.
- Claimed conditions
- Bilateral Hearing Loss, Additional Eye Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908528
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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