The petition to reopen the claim of service connection for bilateral pes planus is granted.,Entitlement to service connection for right ear hearing loss is denied.,Entitlement to a compensable evaluation for left ear hearing loss is denied.,Entitlement to a disability rating in excess of 10 percent for fatty liver disease is denied.,Entitlement to an effective date prior to September 17, 2013, for the award of service connection for left ear hearing loss is denied.,Entitlement to an effective date prior to September 17, 2013, for the award of service connection for fatty liver disease is denied.
The deciding factor: New and material evidence regarding the Veteran’s pes planus condition has been received since the March 2010 decision. The VA examinations from July 2014 and February 2016 provide further information regarding the Veteran's condition, raising a reasonable possibility of substantiating the claim.,The record does not show that the Veteran has a hearing loss disability in his right ear as defined by VA regulations (38 C.F.R. § 3.385).,During the appeal period, only two examinations were conducted and only one meets the criteria for an evaluation with testing of both puretone audiometric thresholds and Maryland CNC speech recognition scores.,The Veteran’s fatty liver disease is rated by analogy under the diagnostic code for chronic liver disease (38 C.F.R. § 4.114, Diagnostic Code 7399-7345).,Veterans receive a non-compensable rating when their conditions are nonsymptomatic.,The Veteran’s fatty liver disease is rated as non-compensable due to the absence of symptoms such as fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain.
- Claimed conditions
- bilateral pes planus, right ear hearing loss, left ear hearing loss, fatty liver disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2018
- Citation
- 18140888
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 18140888.
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.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Dismissed
The Veteran withdrew his appeal for service connection of right ear hearing loss, and the case is dismissed.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
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