The Veteran's bilateral hearing loss disability is rated at 20 percent effective May 14, 2013. The neck disc problem (degenerative arthritis of the cervical spine) is rated at 20 percent. Post-traumatic headaches are rated at noncompensable. TBI is rated at noncompensable. Service connection for left knee disorder and left elbow disorder is denied.
The deciding factor: The Veteran's hearing loss disability improved to a compensable level effective May 14, 2013. The neck disc problem met the criteria for a higher rating but no incapacitating episodes of IVDS were noted. Post-traumatic headaches did not meet the criteria for a higher rating as they did not result in characteristic prostrating attacks averaging one episode per month over several months. TBI and left knee disorder and left elbow disorder were found to be unrelated to service.
- Claimed conditions
- Bilateral Hearing Loss, Neck Disc Problem (degenerative arthritis of the cervical spine), Post-traumatic Headaches, Traumatic Brain Injury (TBI), Left Knee Disorder, Left Elbow Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 29, 2021
- Citation
- 21077414
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 21077414.
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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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