The Board found that the Veteran's bilateral hearing loss disability did not manifest during his first and second periods of active duty, was not compensably disabling within one year of separation from those periods, and is unrelated to his first and second periods of active duty. The Court of Appeals for Veterans Claims (CAVC) has determined that the evidence does not clearly and unmistakably demonstrate that the Veteran's hearing loss pre-existed service or was aggravated by service.
The deciding factor: The medical records do not provide clear and unmistakable evidence to rebut the presumption of soundness at the time of enlistment, nor is there clear and unmistakable evidence showing aggravation during his third period of active duty.
- Claimed conditions
- Bilateral Hearing Loss
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2013
- Citation
- 1322646
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 1322646.
What this means for you
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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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