The Board denied service connection for a right great toe disability and a right ear hearing loss disability. The Veteran's claim was not supported by evidence showing the presence of a disease or injury in service, nor did she provide sufficient evidence to establish continuity of symptomatology.
The deciding factor: The preponderance of the evidence is against a finding that the appellant actually has a disability of the toe and ear, and there is no identified disease or injury due to service.
- Claimed conditions
- Right great toe disability, Right ear hearing loss disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 5, 2016
- Citation
- 1640078
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. Search VA.gov for the original decision (opens in a new tab) using citation 1640078.
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 Board has granted service connection for a right ear hearing loss disability but denied service connection for a left ear hearing loss disability.
- Whole decision: Granted
The Board has determined that the Veteran's right ear hearing loss disability began during service and is therefore granted as service connection.
- Whole decision: Granted
The Veteran's left ear hearing loss disability is related to hazardous noise exposure in service, while his right ear hearing loss disability was not aggravated during service.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for secondary service connection for right great toe disability, service connection for depression, and initial rating for GAD. The Veteran's current conditions are not supported by sufficient evidence to warrant a grant of benefits.
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.