The Veteran's appeal for an increased rating in excess of 50 percent for bilateral hearing loss was dismissed as the Veteran withdrew his appeal.,The Veteran's right inguinal hernia rating was reinstated to 30 percent effective February 1, 2019. The Board found that the reduction from 30 percent to 10 percent in November 2018 was improper and restored the original 30 percent rating.,The Veteran's claim for TDIU due to service-connected disabilities was granted.
The deciding factor: The Veteran withdrew his appeal for an increased rating in excess of 50 percent for bilateral hearing loss, citing satisfaction with the September 2019 rating decision regarding this issue.,The reduction from 30 percent to 10 percent in November 2018 was improper due to lack of improvement in the Veteran's functional capacity under ordinary conditions. The Board reinstated the original 30 percent rating for right inguinal hernia.,The Veteran has service-connected disabilities that preclude gainful employment, meeting the criteria for TDIU.
- Claimed conditions
- Bilateral Hearing Loss, Right Inguinal Hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2023
- Citation
- 23039837
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 23039837.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.