The Veteran's claims for service connection for right ear hearing loss and entitlement to TDIU were denied. The Board found that the evidence did not support a finding of in-service injury or disease related to his current right ear hearing loss, and concluded that he was not unemployable due to his service-connected disabilities.
The deciding factor: The VA examiners provided negative nexus opinions regarding the relationship between the Veteran's current right ear hearing loss and active duty service. The Board also determined that the Veteran did not meet the schedular requirements for TDIU as his service-connected disabilities do not meet the percentage standards set forth in 38 C.F.R. § 4.16(a).
- Claimed conditions
- Left ear hearing loss, Right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081160
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.
- 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.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- 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.
- Denied
The Board denied the Veteran's claims for increased ratings for degenerative joint disease and intervertebral disc syndrome, cervical spine; cervical spine radiculopathy, right upper extremity; coronary artery disease; and right ear hearing loss.
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