The Veteran's claim for service connection for bilateral hearing loss was denied. The Board found that the evidence did not show a current bilateral hearing loss disability as defined by VA regulatory criteria, and thus denied this claim. For the rating period from December 12, 2007, the Veteran is granted a 100 percent schedular rating for hypothyroidism due to service connection. The issue of entitlement to TDIU is moot given the grant of a 100 percent schedular rating for hypothyroidism. SMC at the housebound rate was awarded from October 24, 2008 to January 14, 2013.
The deciding factor: The Veteran did not have a current bilateral hearing loss disability as defined by VA regulatory criteria and thus service connection could not be granted for this condition. The Veteran's hypothyroidism was found to meet the schedular rating criteria for a 100 percent rating throughout the entire rating period from December 12, 2007.
- Claimed conditions
- Hypothyroidism, Lumbar spine degenerative joint disease with dextroscoliosis, Temporomandibular joint (TMJ) syndrome, Right tibia/fibula fracture residuals, Uterine fibroids, Obstructive sleep apnea
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- July 26, 2016
- Citation
- 1629824
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 1629824.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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