The Veteran's claim for service connection for left ear hearing loss is dismissed as the RO already granted this condition in an August 2012 rating decision.,Service connection was denied for right ear hearing loss due to lack of evidence showing a current disability. The Veteran did not have hearing loss defined by VA standards at any time during the appeal period.
The deciding factor: The RO granted service connection for left ear hearing loss in an August 2012 rating decision, and this grant cannot be disturbed absent finding of clear and unmistakable error (CUE) or severance.,VA regulations require a current disability to establish service connection. The Veteran did not have hearing loss defined by VA standards in the right ear at any time during the appeal period.
- Claimed conditions
- Left ear hearing loss, Right ear hearing loss, Acquired psychiatric disorder to include PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080716
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20080716.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Denied
The Board has determined that the Veteran's left ear hearing loss disability does not meet or approximate criteria for a compensable (10%) disability rating at any point during the appeal period.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
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