The Veteran's service connection for left ear hearing loss is granted. The rating for right ear hearing loss remains noncompensable. From September 1, 2015 and prior to May 17, 2019, a rating in excess of 30 percent for the right knee disability is denied. From May 17, 2019 until present, a rating in excess of 60 percent for the right knee disability is denied. A total disability rating based on individual unemployability due to service-connected disabilities is granted.
The deciding factor: The Veteran's left ear hearing loss was found to be causally related to his military service exposure to noise trauma. The right knee disability resulted in functional limitations that did not warrant a higher schedular rating, and the Board considered whether an extraschedular TDIU rating was warranted based on the severity of the disabilities.
- Claimed conditions
- Left ear hearing loss, Right knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 14, 2020
- Citation
- 20066386
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- 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.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
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