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
Veterans Law Judge
Decisions by this judge: 869 · 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 A25024302.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Denied
The Board has determined that the Veteran's left ear hearing loss disability does not meet or approximate criteria for a compensable (10%) disability rating at any point during the appeal period.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
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