The Veteran's bilateral hearing loss has been rated as noncompensable throughout the appeal period, with no worse than Level II hearing acuity in both ears and speech recognition ability of 88 percent in the right ear and 84 percent in the left ear during the June 2019 audiological evaluation.,The Veteran's hepatitis C has been rated as 10 percent under Diagnostic Code 7354, with a separate 30 percent rating for postoperative residuals of hepatocellular liver carcinoma with liver transplant. The appeal is remanded to determine if the Veteran should be evaluated separately or combined.
The deciding factor: The most probative medical evidence shows no worse than Level II hearing acuity in both ears and speech recognition ability of 88 percent in the right ear and 84 percent in the left ear during the June 2019 audiological evaluation, which does not support a compensable rating under VA's rating criteria.
- Claimed conditions
- Bilateral Hearing Loss, Hepatitis C, Postoperative Residuals of Hepatocellular Liver Carcinoma with Liver Transplant
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2022
- Citation
- 22011294
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 22011294.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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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