The Board found that the Veteran's currently diagnosed bilateral hearing loss is not related to military service and denied her claim for service connection. For the residuals of hysterectomy, the Board determined there was no evidence of negligence or fault on the part of VA medical personnel in providing treatment, thus denying her claim under 38 U.S.C.A. § 1151.
The deciding factor: The Veteran's currently diagnosed bilateral hearing loss is not related to military service as it did not meet VA requirements for a disability prior to April 2003 and there was no medical evidence relating the condition to service. For her claim under 38 U.S.C.A. § 1151, the Board found that there was no negligence or fault on the part of VA in providing treatment.
- Claimed conditions
- Bilateral Hearing Loss, Residuals of Hysterectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2009
- Citation
- 0943597
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 0943597.
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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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