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 assigned
- None in this 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 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 0605363.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- 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.
- 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.
- 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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