The veteran's service-connected thoracic outlet syndrome of the right shoulder warrants a 40 percent rating, but no higher. The veteran's bilateral hearing loss and excision of the superficial peroneal nerve neuroma of the left ankle do not warrant compensable ratings. The veteran's post operative plantar fasciotomy of the left foot, carpal tunnel syndromes (right and left), and lumbar spine disorder are all rated at 10 percent.
The deciding factor: The medical evidence does not support a higher rating for any of the service-connected conditions as they do not meet the criteria for moderate or severe incomplete paralysis under Diagnostic Code 8512, which is applicable to thoracic outlet syndrome. The veteran's bilateral hearing loss and excision of the superficial peroneal nerve neuroma of the left ankle are rated at their maximum allowable ratings.
- Claimed conditions
- Bilateral Hearing Loss, Carpal Tunnel Syndrome, Left Extremity, Carpal Tunnel Syndrome, Right Extremity (Dominant), Degenerative Changes at L4-5, L5-S1 with Pain on Motion, Compression Fracture T-12 by History (Lumbar Spine Disorder), Excision of the Superficial Peroneal Nerve Neuroma of the Left Ankle, Post Operative Plantar Fasciotomy of the Left Foot, Thoracic Outlet Syndrome of the Right Shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 9, 2006
- Citation
- 0613500
Veterans Law Judge
Decisions by this judge: 1,547 · Granted: 20% (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 0613500.
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: Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Whole decision: Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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