The Board has determined that new and material evidence has not been submitted to reopen the claims of service connection for defective hearing in the left ear, sinusitis, and fractures of the left knee. The claim for increased evaluation for residuals of fracture of the proximal left tibia is granted with a 10% rating, while the claim for increased evaluation for residuals of fracture of the left ankle is also granted with a 10% rating.
The deciding factor: The evidence submitted since the final June 1996 rating decision did not meet the criteria for new and material evidence to reopen the claims. The Board found that the veteran's claims for service connection were not well grounded, but granted increased evaluations based on existing evidence of record.
- Claimed conditions
- defective hearing of the left ear, sinusitis, degenerative changes on X-rays in left knee, degenerative changes on X-rays in left ankle
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 29, 2000
- Citation
- 0026338
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 0026338.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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