The Veteran's appeal is remanded for a new examination to determine the current level of severity of his right ear hearing loss.
The deciding factor: New evidence has been presented that may indicate an increase in the severity of the service-connected right ear hearing loss since the last examination.
- Claimed conditions
- Left Great Toe Fracture, Left Foot Metatarsophalangeal Joint Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2019
- Citation
- 19105789
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (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 19105789.
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.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, thus meeting the criteria for a TDIU.
- Granted
The Veteran's left great toe fracture has been rated as 10 percent disabling since November 5, 2012. The rating is based on the current functional impairment of the left great toe.
- Denied
The veteran's claims for higher initial ratings for his low back and left toe disabilities, as well as a TDIU claim, were denied by the Board.
- Denied
The Board denied the appellant's claims for increased evaluations for his left great toe disability and left foot disability, finding that the evidence did not support an evaluation in excess of 20 percent prior to January 31, 1997, or a separate compensable evaluation for surgical scarring. The appellant's service-connected disabilities were found not to combine to prevent substantially gainful employment.
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