The Board denied the Veteran's claims for an increased rating for his bilateral hearing loss and a total disability rating based on individual unemployability due to service-connected disabilities. The Veteran was rated at 40% for his bilateral hearing loss, which met the criteria for exceptional patterns of hearing impairment in one ear. However, he did not meet the requirements for TDIU as his combined ratings were less than 70%. The Board found that the evidence did not support a finding of unemployability due to service-connected disabilities.
The deciding factor: The Veteran's bilateral hearing loss met the criteria for exceptional patterns of hearing impairment in one ear, resulting in a 40% rating. However, his combined disability ratings were less than 70%, which is required for TDIU. The Board found that the evidence did not support a finding of unemployability due to service-connected disabilities.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 27, 2010
- Citation
- 1019704
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 1019704.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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