The Veteran's left ankle disability is rated at the maximum allowable under the applicable rating criteria, and his bilateral hearing loss is not compensable prior to September 10, 2014. The appeal has been granted.
The deciding factor: The Veteran's left ankle disability is manifested by ankylosis with abduction, adduction, inversion, or eversion deformity, warranting a 40 percent rating under DC 5270. His bilateral hearing loss prior to September 10, 2014 did not meet the criteria for compensation.
- Claimed conditions
- Residuals of squamous cell cancer of the base of the tongue and neck, Degenerative joint disease (DJD) of the left ankle, Bilateral hearing loss, Residuals of bilateral tympanic membrane perforation, including right tympanoplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 1, 2016
- Citation
- 1608192
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 1608192.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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