The Veteran's request to reopen his claim for service connection of a bilateral hearing loss disability was denied as new and material evidence has not been received. His entitlement to an initial rating in excess of 10 percent for right lower extremity radiculopathy is also denied. The issues of service connection for bilateral trigger fingers and migraine headaches are remanded.
The deciding factor: The Veteran did not submit new and material evidence sufficient to reopen his claim for a bilateral hearing loss disability, as the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim (i.e., whether he has hearing loss considered disabling for VA purposes).
- Claimed conditions
- bilateral hearing loss, right lower extremity radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2019
- Citation
- 19115906
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 19115906.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
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