The Veteran's claim for increased ratings for residuals of a gunshot wound to the right pleural cavity with partial resection of ribs eight and nine, as well as his bilateral hearing loss from December 11, 2007 to the present, was denied. The maximum schedular rating of 20 percent is assigned for the gunshot wound condition.
The deciding factor: The Veteran's residuals of a gunshot wound to the right pleural cavity with partial resection of ribs eight and nine do not meet criteria for higher ratings under Diagnostic Code 5321, as his current level of disability does not warrant a rating greater than 20 percent. The Veteran's bilateral hearing loss is currently rated at 10 percent from June 21, 2004 to December 11, 2007 and reduced to noncompensable since then.
- Claimed conditions
- residuals of a gunshot wound to the right pleural cavity with partial resection of ribs eight and nine, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 23, 2009
- Citation
- 0915188
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 0915188.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.