The Veteran's initial claim for a compensable rating for bilateral hearing loss prior to August 24, 2016 was denied. From August 24, 2016 onwards, the Veteran is rated at 40 percent for his bilateral hearing loss. The Board found that he did not meet the criteria for an initial compensable rating prior to August 24, 2016 and a higher than 40 percent rating thereafter.
The deciding factor: The evidence showed that the Veteran's hearing impairment was stable or worsened only after August 24, 2016, and did not meet the criteria for an initial compensable rating prior to this date. The Board also noted that his hearing loss alone did not preclude him from securing and following substantially gainful employment.
- Claimed conditions
- Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 26, 2020
- Citation
- 20068957
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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