The Board denied eligibility to attorney fees based on past-due benefits awarded in a June 2024 rating decision because the initial decision granting an increased rating for bilateral hearing loss was not appealed within one year and became final. The Appellant's December 2023 VA Form 21-8940, submitted more than five years after the March 2018 rating decision, cannot be considered a supplemental claim.
The deciding factor: The June 2024 rating decision was an initial decision on a new increased rating claim for bilateral hearing loss and became final after one year. The December 2023 VA Form 21-8940 was submitted more than five years after the March 2018 rating decision, which increased the Veteran's disability rating from noncompensable to 20 percent disabling effective May 3, 2017.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 30, 2026
- Citation
- A26040872
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 A26040872.
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.
- 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.
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