The Veteran's hearing loss is currently rated as noncompensable, and a higher rating is not warranted.,The Veteran's left ankle scar does not meet the criteria for a compensable rating based on its size or pain.
The deciding factor: The VA examinations did not test for passive motion, pain on passive motion, or pain on non-weight bearing. The Board finds these tests are necessary to accurately assess the severity of the disabilities.
- Claimed conditions
- Hearing Loss, Left Ankle Scar, Right Shoulder Degenerative Arthritis with Rotator Cuff Tear and Acromioclavicular Joint Osteoarthritis, Lumbar Spine Herniated Nucleus Pulposus with DJD and IVDS, Right Ankle Sprain with DJD, Left Ankle Reconstruction with DJD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100854
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
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