The veteran was granted a 10 percent rating for right ankle disability from February 1, 2005 to December 4, 2006 and a noncompensable rating thereafter. The veteran's bilateral hearing loss was service-connected.
The deciding factor: The limitation of motion in the right ankle prior to December 5, 2006 warranted a 10 percent rating under Diagnostic Code 5271, while after that date there was no significant limitation of motion and thus a noncompensable rating was appropriate. The veteran's hearing loss was directly related to his in-service noise exposure.
- Claimed conditions
- Right ankle disability, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 16, 2009
- Citation
- 0901907
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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