The VA denied the veteran's claims for service connection for hearing loss in his right ear and an initial evaluation of more than 10 percent for residuals of a right ankle fracture. The VA found that there was no evidence of current hearing loss disability or significant limitation of motion warranting a higher rating.
The deciding factor: The medical evidence did not meet the criteria for hearing loss as defined by VA regulations, and the veteran's ankle disability did not meet the criteria for ankylosis or other conditions requiring a higher rating under Diagnostic Code 5271.
- Claimed conditions
- Hearing loss in the right ear, Right ankle fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 8, 2005
- Citation
- 0503219
Veterans Law Judge
Decisions by this judge: 673 · Granted: 27% (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 0503219.
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 Veteran's appeal is remanded due to the need for a supplemental opinion considering the ameliorative effects of medication on his right ankle fracture residuals.
- Denied
The Veteran's request for a rating in excess of 30 percent for right ankle fracture residuals with osteoarthritis was denied. A compensable rating (10%) was granted for the service-connected right ankle fracture surgical scar residuals.
- Remanded (sent back)
The Board has decided that the Veteran does not have a current disability of hearing loss in the left ear for VA purposes, and thus denied service connection. For the right ear, the Board found that there is no evidence to support a finding that the Veteran's hearing loss was incurred during service.
- Dismissed
The Veteran's appeal for service connection of a right wrist condition is dismissed. The claim for an increased rating for right ankle fracture residuals remains on appeal as the maximum schedular rating has been granted.
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