The veteran's claims for service connection, increased evaluations, and a total rating for compensation purposes based on individual unemployability were denied. The Board found that chronic bilateral hearing loss disability was not shown during active service or at any time thereafter, and the veteran's right lower extremity myopathy with muscle atrophy and weakness is rated 40 percent disabling under Diagnostic Codes 8010 and 8520.
The deciding factor: The veteran did not meet the criteria for chronic bilateral hearing loss disability as defined by VA regulations. The Board found that his service medical records do not show any evidence of such a condition during active service or at any time thereafter. For his right lower extremity myopathy with muscle atrophy and weakness, the Board noted that it was previously evaluated under Diagnostic Codes 8010 and 8520, which are analogous to myelitis and sciatic nerve paralysis.
- Claimed conditions
- Chronic bilateral hearing loss disability, Right lower extremity myopathy with muscle atrophy and weakness, Bilateral pes planus, Malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 4, 2008
- Citation
- 0837932
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 0837932.
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.
- Remanded (sent back)
The Board has determined that the Veteran's current bilateral pes planus is not service-connected due to a duty-to-assist error, and remands the case for further examination and opinion.
- Denied
The Veteran's claim for SMC(o) was denied as he could not receive multiple awards of SMC(l). The right shoulder bicipital tendonitis rating was denied, and the TDIU claim was granted.
- Granted
The Board has determined that the Veteran's bilateral pes planus preexisted service and was aggravated by service, warranting a grant of service connection.
- Granted
The Veteran is granted higher levels of SMC and aid and attendance special monthly compensation effective May 3, 2024, due to his service-connected conditions that require regular aid and assistance.
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