The veteran's claims for increased evaluations were denied. The Board found no evidence of current right ear hearing loss disability and determined that the veteran did not have moderate impairment in his left great toe, lumbosacral strain, or ankle condition at any point since service connection was established. The postoperative residuals of a left tibial shaft fracture with limited motion of knee were also rated as 10 percent disabling.
The deciding factor: The veteran's claims for increased evaluations were denied because the evidence did not support higher ratings under applicable diagnostic codes, and there was no indication of current disability or significant impairment in his service-connected conditions.
- Claimed conditions
- Left ankle impairment following tibial fracture (claimed as left ankle condition), Lumbosacral strain, Postoperative residuals of a left tibial shaft fracture, with limited motion of knee, Right ear hearing loss, Scars as a residual of injury to the left lower extremity, Status post left great toe fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 24, 2006
- Citation
- 0605363
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0605363.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
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