The Veteran's claim for VA disability compensation benefits from March 1, 2006 through August 31, 2006 was denied as there is no legal basis for concurrent receipt of military retired pay and VA compensation.
The deciding factor: The Veteran elected to receive military retirement pay in lieu of VA compensation, which prevented him from receiving VA disability compensation during the specified period.
- Claimed conditions
- Hearing loss, Left eye enucleation, Shrapnel injury to left leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2010
- Citation
- 1031026
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 1031026.
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.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Denied
The Board denied service connection for hearing loss, finding that the Veteran's current hearing loss disability is not related to military noise exposure and there is no evidence of a nexus between in-service noise exposure and his current condition.
- Remanded (sent back)
The Board has decided to remand the hearing loss claim due to incomplete records and the need for a VA examination. The Veteran's hearing loss may be related to service or secondary to his service-connected cerumen impaction.
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