The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss for purposes of establishing service connection. For the period prior to December 7, 2004, and thereafter, the Veteran's anal fistula disability is manifested by no more than slight symptomatology associated with occasional rectal pain and bleeding with bowel movements, and daily rectal bleeding with bowel movements, fecal leakage, and occasional involuntary movements that necessitate wearing pads. The Board finds that the criteria for initial evaluations in excess of 10 percent prior to December 7, 2004, and thereafter, in excess of 30 percent have not been met.
The deciding factor: The Veteran's hearing loss disability does not meet the threshold requirements as defined by VA regulations (38 C.F.R. § 3.385) for a current diagnosis of bilateral hearing loss. The anal fistula disability has been evaluated based on its current manifestations, which do not warrant evaluations in excess of 10 percent prior to December 7, 2004, and thereafter, in excess of 30 percent.
- Claimed conditions
- Bilateral Hearing Loss, Anal Fistula, Status Post Fistulotomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2013
- Citation
- 1302167
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 1302167.
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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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