The Board vacated the July 2004 decision denying service connection for bilateral hearing loss due to inadequate notice and failure to consider whether tinnitus was related to in-service acoustic trauma. The evidence does not show current hearing loss disability for VA purposes, but there is a current diagnosis of right ear hearing loss. Service connection for hearing loss cannot be established as the evidence fails to show a nexus between service and the diagnosed condition.
The deciding factor: The Board found that the July 2004 decision was inadequate due to failure to provide adequate reasons and bases, particularly regarding the relationship between tinnitus and in-service acoustic trauma. The evidence did not establish current hearing loss disability for VA purposes, but a diagnosis of right ear hearing loss was present during the appeal period.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2009
- Citation
- 0922268
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 0922268.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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