The Veteran's hearing loss in the right ear is service-connected and he was granted a non-compensable evaluation. The Veteran's elevated left hemi-diaphragm due to injured phrenic nerve disability received a non-compensable rating prior to August 12, 2008, but was denied an initial compensable evaluation after that date.
The deciding factor: The Veteran had in-service noise exposure and current hearing loss consistent with acoustic trauma. The VA examiner found no evidence of service connection for the current hearing loss disability. For the diaphragm disability, the VA examiner noted inadequate effort during PFTs conducted prior to August 12, 2008.
- Claimed conditions
- Hearing loss, right ear, Diaphragm disability (elevated left hemi-diaphragm due to injured phrenic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 17, 2009
- Citation
- 0914607
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 0914607.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection for hearing loss in the right ear has been denied. The Board found that there is no current diagnosis of right ear hearing loss and thus, cannot establish a link to service. For prostate cancer, the Veteran's claim is remanded as VA did not provide an opinion regarding whether his condition may be related to service due to toxic exposure.
- Denied
The Board denied service connection for right ear hearing loss, denied earlier effective dates for the evaluation of right ankle and peripheral vestibular disorders, and denied increased ratings for right ankle and peripheral vestibular disorders as well as a compensable rating for right ear drum perforation.
- Denied
The Board denied service connection for hearing loss, right ear; an initial rating in excess of a noncompensable rating for hearing loss, left ear; and service connection for pain and dysfunction of the right knee, right sciatic radicular pain and parasthesia of the right leg, left sciatic radicular pain and parasthesia of the left leg. The claims were remanded for further development.
- Partly granted
The Board denied service connection for right ear hearing loss and granted an initial rating of 40 percent for lumbosacral strain, effective October 20, 2022. The claims for left ear hearing loss and a respiratory disability were remanded.
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