The Board denied the Veteran's claim for an earlier effective date of December 3, 2004 for his TDIU due to CUE in a May 2011 rating decision. The Veteran did not meet the criteria for TDIU prior to December 3, 2004.
The deciding factor: The Veteran's only service-connected disability at the time of his informal claim was bilateral hearing loss, which alone did not preclude him from engaging in gainful employment.
- Claimed conditions
- Bilateral Hearing Loss, Degenerative Disc Disease and Osteoarthritis of the Lumbar Spine with Residuals, Degenerative Disc Disease and Osteoarthritis of the Cervical Spine with Residuals, Depression
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2014
- Citation
- 1422534
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 1422534.
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 Board has remanded the case due to insufficient findings regarding PTSD and depression, requiring a new VA examination.
- 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.
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