The Veteran's claim for a higher disability rating for bilateral hearing loss prior to December 31, 2014 was denied. From December 31, 2014 until October 11, 2016, the Veteran's claim for a higher disability rating was also denied. Since October 11, 2016, the Veteran's claim for a higher disability rating remains denied. The Board found that the evidence did not support an increase in his disability rating beyond 80 percent since October 11, 2016. Additionally, the Veteran's claim for TDIU was granted.
The deciding factor: The VA ratings schedule does not allow for a higher disability rating than 80% for bilateral hearing loss under any circumstances, including when considering exceptional patterns of hearing impairment.
- Claimed conditions
- Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- January 31, 2019
- Citation
- 19107501
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.