The Veteran's service connection for a bilateral hearing loss disability is denied. The initial rating of 70 percent for major depressive disorder prior to January 24, 2017 is granted and the higher rating from that date onwards is denied. The effective dates for service connection are set at April 16, 2012, and February 26, 2015 respectively.
The deciding factor: The Veteran's bilateral hearing loss did not meet the threshold level of severity to be considered a disability for VA compensation purposes. For the period prior to January 24, 2017, his major depressive disorder symptoms resulted in occupational and social impairment with deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood. The Veteran's obstructive sleep apnea has not been characterized by chronic respiratory failure with carbon dioxide retention or cor pulmonale, or required tracheostomy.
- Claimed conditions
- bilateral hearing loss, major depressive disorder, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- May 17, 2021
- Citation
- 21029842
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 21029842.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
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