The Board has found that the evidence is in equipoise as to whether the Veteran's bilateral hearing loss had its onset during service. The claim for a seizure disorder was previously denied, but new and material evidence has been received since the June 1983 rating decision. No disability rating adjustment or TDIU determination can be made at this time.
The deciding factor: The Board found that the Veteran's hearing loss is related to service due to the fact that it did not meet VA criteria for a current disability, but was still considered by Hensley v. Brown (1993). The claim for seizure disorder was reopened based on new evidence received since the June 1983 rating decision.
- Claimed conditions
- Bilateral Hearing Loss, Seizure Disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2014
- Citation
- 1446398
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 1446398.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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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