The Veteran's bilateral hearing loss, anxiety disorder, sleep apnea with chronic obstructive pulmonary disease, scars, tinnitus, history of basal cell carcinoma, and malignant melanoma have rendered him unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities prior to November 24, 2008. As such, the Veteran is granted an increased rating for bilateral hearing loss effective from October 31, 2002, and entitlement to a TDIU prior to that date.
The deciding factor: The evidence shows the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of February 15, 2003, which is before November 24, 2008.
- Claimed conditions
- Bilateral Hearing Loss, Anxiety Disorder, Sleep Apnea with Chronic Obstructive Pulmonary Disease, Scars, Tinnitus, History of Basal Cell Carcinoma, Malignant Melanoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- May 6, 2022
- Citation
- 22026991
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 22026991.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- 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.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- 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.
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