The Board has dismissed the Veteran's claim for an earlier effective date for service connection of bilateral hearing loss. The appeal is also dismissed as there are no freestanding claims for increased ratings that can be granted under current law.
The deciding factor: The Veteran's original claim for service connection was filed in August 1998, and the February 1999 rating decision granting service connection is final. A freestanding claim for an earlier effective date is not allowed as it would require a finding of clear and unmistakable error (CUE) which has not been alleged.
- Claimed conditions
- Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- June 29, 2011
- Citation
- 1124639
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 1124639.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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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