The Board denied the veteran's increased rating claims for left ear hearing loss and left elbow disability, finding that the evidence did not support a higher rating than the current 40 percent assigned since March 29, 2000.
The deciding factor: The VA medical evaluations showed that the veteran had mild-to-severe sensorineural hearing loss in his left ear and complaints of constant sharp pain with radiating up to the neck, some locking up, functional impairment, limitation of motion, painful motion, sensory decreased over the entire arm, degenerative changes of the proximal ulna, calcific epicondylitis, and paralysis of the middle radicular nerves in his left elbow. These findings supported a 40 percent rating for traumatic arthritis with incomplete paralysis of the middle radicular group.
- Claimed conditions
- Left ear hearing loss, Left elbow traumatic arthritis with incomplete paralysis of the middle radicular group
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 8, 2006
- Citation
- 0603569
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.
- 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.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
- Denied
The Board denied the veteran's appeals for increased ratings and remanded certain issues, including TDIU and SMC.
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