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Denied

The Veteran's hearing loss has been rated at 40 percent since June 21, 2007. The Veteran's left foot fracture residuals have not met the criteria for a higher rating.

The deciding factor: The audiometric testing and VA examination results consistently show Level VI or VII hearing in both ears, corresponding to a 40% disability evaluation under Diagnostic Code (DC) 6100 for bilateral hearing loss. The left foot fracture residuals have not met the criteria for a higher rating as they do not demonstrate instability, nonunion, malunion, or other disabling conditions warranting an increased rating.

Claimed conditions
bilateral hearing loss, status post fracture of the left foot
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
40%
Decision date
March 31, 2011
Citation
1112781

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 1112781.

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