The Veteran's bilateral hearing loss is not compensable, as the average puretone threshold is below 40 decibels in both ears.,Service connection for diabetic neuropathy of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity has been granted. The condition is secondary to service-connected diabetes mellitus type II associated with exposure to herbicides.
The deciding factor: The Veteran's hearing loss does not meet the criteria for a compensable rating as it does not exceed Level I acuity in either ear.,The examiner determined that the diabetic neuropathy is more likely than not secondary to the service-connected diabetes mellitus type II, which developed post-service.
- Claimed conditions
- bilateral hearing loss, diabetic neuropathy, right upper extremity, diabetic neuropathy, left upper extremity, diabetic neuropathy, right lower extremity, diabetic neuropathy, left lower extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2024
- Citation
- 24003497
Veterans Law Judge
Decisions by this judge: 575 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24003497.
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.
- 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 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 Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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.