The Veteran's right ear hearing loss disability is related to his in-service noise exposure and has been granted service connection.,For the left ankle disability, a rating of 30 percent is granted based on marked limitation of motion. A higher rating of 40 percent is not warranted due to lack of ankylosis.
The deciding factor: The Veteran's right ear hearing loss disability was related to his in-service noise exposure and meets the criteria for a hearing loss disability under VA regulations.,For the left ankle disability, the clinical evidence shows marked limitation of motion but no ankylosis. The current rating is based on this limitation.
- Claimed conditions
- Right Ear Hearing Loss Disability, Left Ankle Old Healed Fracture with ORIF, Residuals of Left Ankle Sprain, Right Achilles Tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2018
- Citation
- 18108850
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 18108850.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service connection claims for IBS, hypertension, right ear hearing loss disability, and initial compensable rating for allergic rhinitis have all been denied.,Specifically, the Board found no current diagnosis of IBS during the appeal period. The claim for hypertension was not granted on a presumptive basis as there is no evidence showing it manifested to a degree of 10 percent disabling within one year of separation from service. Service connection for right ear hearing loss disability and initial compensable rating for allergic rhinitis were also denied.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected right Achilles tendonitis is being remanded due to the need for additional development, including obtaining an opinion on the extent of range of motion during flare-ups and after repeated use over time.
- Partly granted
The Board granted service connection for tinnitus and left ear hearing loss disability, but remanded the issue of a compensable rating for right ear hearing loss. The increased rating claim for IVDS was withdrawn by the Veteran.
- Remanded (sent back)
The Board remands the claims for a right ear hearing loss disability and a left ear hearing loss disability for further development, including obtaining additional VA examination opinions.
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