The Board has dismissed the appeals of service connection for the right elbow and increased ratings for the neck. The Veteran's appeal of hearing loss is denied as his puretone thresholds do not meet VA criteria for a disability. The claims for increased ratings for the right shoulder and feet, as well as sinusitis with headaches, are remanded due to lack of proper procedural steps.
The deciding factor: The Veteran did not file a timely notice of disagreement or correspondence that could be construed as such regarding his appeals of service connection for the right elbow and neck disability. The hearing loss appeal was dismissed as it included an implicit appeal of the rating assigned, which requires separate NODs to initiate appellate review.
- Claimed conditions
- bilateral hearing loss, right elbow disability, degenerative arthritis of the cervical spine (neck disability), sinusitis with headaches, bilateral pes cavus, metatarsalgia, plantar wart right foot, plantar fasciitis, degenerative changes both great toes (foot disabilities), right shoulder osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2017
- Citation
- 1754037
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 1754037.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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.