The Board denied service connection for hearing loss in the right ear and granted a noncompensable evaluation for postoperative left ankle fracture. The Veteran's hearing loss claim was not supported by competent medical evidence, while his ankle fracture is characterized by slight limitation of motion.
The deciding factor: There is no current evidence of hearing loss in the right ear meeting VA criteria for service connection and the Veteran has not provided any private or VA treatment records related to this condition. The left ankle fracture was diagnosed during service and the current evaluation does not meet the legal criteria for a compensable disability.
- Claimed conditions
- Hearing Loss in the Right Ear, Postoperative Left Ankle Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 21, 2010
- Citation
- 1047475
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. Read the original VA decision (opens in a new tab) using citation 1047475.
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 hearing loss in the right ear and tinnitus are granted as service-connected.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for hepatitis C and hearing loss due to potential new evidence submitted by the Veteran.
- Whole decision: Denied
The Board denied reopening of the service connection claim for hearing loss in the right ear as no new and material evidence was submitted, despite previous noise exposure and current disability.
- Whole decision: Granted
The Veteran's service-connected conditions render him unable to secure and follow a substantially gainful occupation, warranting a TDIU.
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