The Veteran's bilateral hearing loss is not service-connected.,The Veteran's injuries, including fractures and head injury with dementia, are due to his own willful misconduct in driving under the influence of alcohol. As such, these disabilities cannot be service-connected.,The Veteran's chest injury is not service-connected.
The deciding factor: The most recent audiometric test results did not meet the regulatory definition for hearing loss as defined by the VA.,The in-service automobile accident was caused by the Veteran's willful misconduct, including driving under the influence of alcohol and recklessly attempting to pass other vehicles. The resulting injuries are therefore considered proximately due to his own conduct.,There is no evidence of a current chest disability.
- Claimed conditions
- bilateral hearing loss, fracture to the right side of the jaw, head injury with dementia, right ankle fracture, mouth and neck lacerations, chest injury, compression fracture, cervical spine C-6, compression fracture, thoracic spine T-3
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2009
- Citation
- 0932429
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 0932429.
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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