The appeal seeking to reopen a claim of service connection for bilateral hearing loss is granted. The Veteran's original claim was denied due to lack of evidence of a current disability, but new and material evidence has been received showing the Veteran now has diagnoses of left and right ear hearing loss. The issue of entitlement to a rating in excess of 10 percent for TMJ fracture, including on an extraschedular basis, is remanded.
The deciding factor: New and material evidence was received raising a reasonable possibility of substantiating the claim of service connection for bilateral hearing loss.
- Claimed conditions
- Bilateral Hearing Loss, TMJ Fracture
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 13, 2018
- Citation
- 18157791
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 18157791.
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.
- 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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