The Board denied service connection for right ear hearing loss due to the regulatory threshold not being met. However, it granted service connection for left ear hearing loss as a disability recognized by VA standards.
The deciding factor: Right ear hearing loss did not meet the regulatory threshold set forth in 38 C.F.R. § 3.385 and was therefore not considered a disability for VA purposes. Left ear hearing loss met the criteria for a disability at any given time during the appeal period, even though other audiograms showed it did not meet the standard set by 38 C.F.R. § 3.385.
- Claimed conditions
- Left Ear Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 13, 2016
- Citation
- 1623543
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. Search VA.gov for the original decision (opens in a new tab) using citation 1623543.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the Veteran's claims of service connection for right ear hearing loss and a compensable rating for left ear hearing loss, finding that there was no evidence to support these claims based on in-service noise exposure or other theories.
- Whole decision: Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Whole decision: Denied
The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to August 31, 2020.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection and increased evaluations have been remanded due to the need for further evaluation. The effective dates for the grants of service connection are not being granted earlier than November 25, 2019.
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