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
- Not verified here — check the original 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 indexed 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. Read the original VA decision (opens in a new tab) using citation 19109517.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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