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
Veterans Law Judge
Decisions by this judge: 1,037 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied service connection for hearing loss as there is no current diagnosis of a bilateral hearing disability for VA purposes, and the Veteran did not have a hearing loss disability at any time during or recent to the filing of his claim.
- Granted
The Veteran's service-connected disabilities, including PTSD, asthma, and foot conditions, rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history throughout the appeal period.
- Denied
The Board denied service connection for hearing loss as there is no current diagnosis of a disability that meets VA's criteria for a disability.
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