The Veteran's claims for service connection for bilateral hearing loss and PTSD with depressive disorder were denied. The claim for an earlier effective date for the 70% evaluation of PTSD was also denied. The Board found that new and material evidence is not required to reopen these claims, as they have never become final.
The deciding factor: The Veteran's service connection claims were denied due to lack of clear and unmistakable evidence showing a pre-existing condition aggravated by service or a current disability related to in-service noise exposure for hearing loss. For PTSD, the Board found that there was no causal relationship between service and current symptoms based on the absence of frequency-specific testing indicating a compensable degree of hearing loss.
- Claimed conditions
- bilateral hearing loss, post-traumatic stress disorder (PTSD) with depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- June 18, 2019
- Citation
- 19147498
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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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