The Board denied service connection for a disability on the top of the right foot and left foot, as well as a right ear hearing loss disability. The rating in excess of 30 percent for obstructive sleep apnea (OSA) prior to March 13, 2013 was also denied.,The Board found no evidence of current disabilities on the top of either foot or right ear hearing loss disability during the pendency of the claim. The appellant's service treatment records did not show any chronic conditions affecting these areas.
The deciding factor: There is no credible, competent evidence showing a current disability in the top of either foot or right ear hearing loss disability for VA purposes.,The appellant’s STRs showed normal clinical evaluation of feet and no findings of chronic disabilities. The November 2012 VA examination did not show any pathology on the top of his feet.
- Claimed conditions
- Left foot disability, Right ear hearing loss, Right foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2019
- Citation
- 19109517
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (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 19109517.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Denied
The Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.