The Board has determined that the Veteran withdrew his appeal for an increased compensable rating for bilateral hearing loss. The claim for an increased rating in excess of 20 percent for instability of the right knee is denied as there is no evidence of more than moderate instability, with negative Lachman's and McMurray tests, stability to anterior and posterior varus and valgus stress, and no X-ray evidence of fracture or dislocation. The claim for an increased rating in excess of 10 percent for traumatic arthritis of the right knee remains pending.
The deciding factor: The Veteran's instability of the right knee is currently rated as 20 percent disabling under DC 5257, which pertains to recurrent subluxation or lateral instability. The evidence does not support a higher rating due to lack of more than moderate instability with negative Lachman's and McMurray tests, stability to anterior and posterior varus and valgus stress, and no X-ray evidence of fracture or dislocation.
- Claimed conditions
- bilateral hearing loss, instability of the right knee, traumatic arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 19, 2009
- Citation
- 0931054
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 0931054.
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.