The Board denied service connection for bilateral hearing loss, tinnitus, and a right foot disability due to lack of evidence meeting VA's criteria for hearing loss or tinnitus. The Veteran did not meet the threshold for current hearing loss in either ear as defined by VA regulations.,Service connection was also denied for tinnitus because there is no objective evidence linking it to service despite conceded noise exposure, and the examiner found that the Veteran’s tinnitus is less likely than not caused by military noise exposure.
The deciding factor: The Board determined that the Veteran did not meet the criteria for a current hearing loss disability in either ear as defined by VA regulations (38 C.F.R. § 3.385).
- Claimed conditions
- Bilateral Hearing Loss, Right Foot Disability, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 28, 2019
- Citation
- 19140986
Veterans Law Judge
Decisions by this judge: 1,810 · Granted: 23% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19140986.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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