The Veteran's appeals for higher ratings for left and right knee disabilities, right ear hearing loss, and service connection for left ear hearing loss have been dismissed. The appeal regarding the April 2011 rating decision denying a petition to reopen a claim of entitlement to service connection for a neck disability was not timely filed. Service connection for a thoracolumbar spine disorder has been granted.
The deciding factor: The Veteran did not file a timely substantive appeal for some of his claims, including those regarding higher ratings for knee disabilities and hearing loss, as well as the April 2011 rating decision denying service connection for a neck disability. The Board dismissed these appeals due to lack of jurisdiction.
- Claimed conditions
- left patella alta, right patella alta, hearing loss, right ear, hearing loss, left ear, thoracolumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2016
- Citation
- 1606821
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 1606821.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
- Denied
The Board denied the Veteran's claim for a TDIU due to her service-connected disabilities, finding that the evidence did not demonstrate she was unable to secure or follow substantially gainful employment.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Dismissed
The Veteran's appeals for a rating in excess of 10 percent for right knee strain with painful flexion and for a compensable rating for hearing loss, left ear have been withdrawn by the Veteran through his authorized representative. As such, these issues are dismissed.
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