The Board denied the Veteran's claim for service connection for right ear hearing loss disability as there was not sufficient evidence to show it is a ratable disability for VA compensation purposes.
The deciding factor: The audiometric results did not meet the threshold minimum requirements of 38 C.F.R. § 3.385, which requires at least one frequency between 500 and 4000 Hertz with an auditory threshold of 40 decibels or greater.
- Claimed conditions
- Right ear hearing loss disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143271
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.
- Denied
The Board denied the Veteran's claim for a compensable rating for right ear hearing loss disability due to unreliable and inconsistent responses during audiometric testing.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Remanded (sent back)
The Board has remanded the cases for further development and to obtain a new opinion regarding the service connection of various hearing loss disabilities, including residuals from an in-service injury. The Appellant's National Guard service is also being reviewed.
- Granted
The Veteran's right ear hearing loss disability is at least as likely as not related to in-service noise exposure, and the Board has granted service connection for this condition.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.