The Veteran's request for an earlier effective date for service connection of bilateral sensorineural hearing loss is dismissed as the claim was not filed within one year and no new and material evidence was received. The appeal for competency to handle VA funds is granted.
The deciding factor: The Veteran did not file a timely NOD regarding the effective date, and no new and material evidence was submitted. The Veteran's mental incapacity due to senile dementia has been established by medical evidence.
- Claimed conditions
- bilateral sensorineural hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2019
- Citation
- 19108863
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19108863.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's initial claim for service-connected bilateral sensorineural hearing loss was denied, and the rating assigned prior to September 12, 2024, is noncompensable.
- Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral sensorineural hearing loss, tinnitus, thoracolumbar levoscoliosis with advanced multilevel DDD and facet arthropathy (low back disability), and cervical spine disability to include cervicalgia (neck disability) due to a lack of VA examination records and an incomplete review of service treatment records.
- Remanded (sent back)
The Veteran's service connection claims for hypertension, bilateral sensorineural hearing loss, GERD, Barrett's esophagus, and arrhythmia are remanded due to pre-decisional errors in obtaining necessary medical opinions.
- Remanded (sent back)
The Veteran's claim for service connection for hearing loss is being remanded due to pre-decisional duty-to-assist errors related to his Reserve component service.
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