The Board granted service connection for bilateral hearing loss and denied an increased rating for hepatitis C. For the former, it was found that the Veteran's current bilateral hearing loss meets VA criteria for a disability and is presumed to have been incurred in service due to noise exposure during military service. For the latter, the evidence did not meet the criteria for a 60% rating as required by Diagnostic Code 7354.
The deciding factor: The Board found that the Veteran's lay statements regarding his hearing loss were credible and supported by medical evidence showing in-service noise exposure and current bilateral hearing loss. For hepatitis C, the Board noted that while the Veteran had responded well to treatment with a negative viral load, he did not meet the criteria for a 60% rating as required under Diagnostic Code 7354.
- Claimed conditions
- bilateral hearing loss, hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 13, 2019
- Citation
- 19185369
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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).
- Denied
The Board denied service connection for hepatitis C, jaundice, hypogeusia, and hyposmia as there was no evidence of a current disability during the pendency of the claim.
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
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.