The Veteran's claims for an earlier effective date for bilateral hearing loss, a compensable rating for residuals of right cheekbone fracture, and service connection for various conditions have been denied. The Board found that the evidence did not meet the criteria for an earlier effective date prior to June 13, 2003, as no claim was filed before this date. The Veteran's other claims were also denied.
The deciding factor: The effective date of a grant of service connection is determined based on when the claim was received or when entitlement arose, whichever is later. In this case, the earliest evidence of a bilateral hearing loss claim dates back to June 13, 2003, and no earlier claims were found.
- Claimed conditions
- Bilateral Hearing Loss, Residuals of Right Cheekbone Fracture, Post-traumatic Arthrosis, Status Post Fracture, Right Wrist (Dominant), Pilonidal Cyst, Right Shoulder Disorder, Left Elbow Disorder, Back Disorder, Right Knee Disorder, Left Knee Disorder, Bilateral Foot Disorder, Tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2010
- Citation
- 1028085
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 1028085.
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.
- Partly granted
The Board granted service connection for depressive disorder as secondary to hypertension and tinnitus, but denied service connection for bilateral hearing loss and an increased rating for hypertension.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, but remanded the claim for degenerative disc disease with degenerative arthritis.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.