The Veteran's claim for an earlier effective date prior to September 16, 2016 for a 60 percent rating for bilateral hearing loss was denied. The appeal for a disability rating in excess of 60 percent for bilateral hearing loss from September 16, 2016 was also denied.
The deciding factor: The effective date is set at the date of claim for increase (September 16, 2016), as there are no ascertainable facts showing a worsening of bilateral hearing loss during the one-year period prior to September 16, 2016. The Veteran's bilateral hearing loss does not meet or approximate the criteria for a disability rating in excess of 60 percent.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 30, 2019
- Citation
- 19133586
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 Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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