The Board denied the claim of CUE in the September 2007 rating decision and also denied the Veteran's claim for an earlier effective date than September 19, 2022, for a 100 percent rating for service-connected bilateral hearing loss.
The deciding factor: The AOJ found that there was no CUE in not requesting ABR testing at the time the VA (fee-based) examiner requested it in August 2007 based on the regulation governing hearing loss disabilities for VA purposes, and September 19, 2022, was the appropriate effective date for a 100 percent rating for service-connected bilateral hearing loss.
- Claimed conditions
- Left ear hearing loss, Right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2025
- Citation
- A25024302
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Denied
The Board denied the Veteran's claims for increased ratings for degenerative joint disease and intervertebral disc syndrome, cervical spine; cervical spine radiculopathy, right upper extremity; coronary artery disease; and right ear hearing loss.
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