The Veteran's claims for service connection and increased evaluations were denied. The Board found that new and material evidence had not been received to reopen the right ear hearing loss claim, and that left ear hearing loss did not warrant a compensable evaluation. Service connection was also denied for bilateral foot disability, left shoulder disability, low back disability, neck disability, respiratory disability, neurological disability of lower extremities, sarcoma, bladder condition, enlarged prostate, diverticulitis, and psychiatric disorder due to herbicide exposure.
The deciding factor: The evidence received since the last denial was not new or material as it did not address whether pre-existing right ear hearing loss was aggravated by service. The left ear hearing loss did not warrant a compensable evaluation as auditory acuity level I is considered noncompensable. Service connection for the other disabilities was denied due to lack of evidence linking them to military service.
- Claimed conditions
- Right ear hearing loss, Left shoulder disability, Low back disability, Neck disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 25, 2009
- Citation
- 0944954
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. Search VA.gov for the original decision (opens in a new tab) using citation 0944954.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Whole decision: Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Whole decision: Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
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