The Board dismissed the Veteran's claims for earlier effective dates and denied his increased rating claims for left ear hearing loss and residuals of fractured jaw. The Veteran's service-connected conditions were granted, but no effective date was assigned as he did not file a timely appeal.
The deciding factor: The Veteran filed new claims for benefits in January and May 2017 which stemmed from the November 2014 rating decision granting service connection for residuals of fractured jaw. The Board lacked jurisdiction to consider these issues due to the absence of CUE allegations or appeals.
- Claimed conditions
- Left Ear Hearing Loss, Residuals of Fractured Jaw
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2020
- Citation
- 20045195
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. Look up the original decision on VA.gov (opens in a new tab) using citation 20045195.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 claims of service connection for right ear hearing loss and a compensable rating for left ear hearing loss, finding that there was no evidence to support these claims based on in-service noise exposure or other theories.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to August 31, 2020.
- Remanded (sent back)
The Veteran's claims for service connection and increased evaluations have been remanded due to the need for further evaluation. The effective dates for the grants of service connection are not being granted earlier than November 25, 2019.
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