The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's right ankle fracture residuals are currently rated at 10 percent and the Board finds that an increased rating is not warranted prior to October 8, 2014 or in excess of 10 percent thereafter.,The Veteran's cold injury to the left foot is currently rated at 20 percent and the Board finds that an increased rating is not warranted as there are no symptoms such as tissue loss, nail abnormalities, color changes, locally impaired sensation, hyperhidrosis, or X-ray abnormalities (osteoporosis, subarticular punched out lesions, or osteoarthritis).,The Veteran's cold injury to the right foot is currently rated at 20 percent and the Board finds that an increased rating is not warranted as there are no symptoms such as tissue loss, nail abnormalities, color changes, locally impaired sensation, hyperhidrosis, or X-ray abnormalities (osteoporosis, subarticular punched out lesions, or osteoarthritis).,The earliest date of entitlement for service connection for PTSD is July 25, 2015.,The earliest date of entitlement for service connection for tinnitus is April 21, 2014.,The earliest date of entitlement for residuals of a left foot cold injury is April 21, 2014.,The earliest date of entitlement for residuals of a right foot cold injury is April 21, 2014.,The earliest date of entitlement for residuals of a right ankle fracture is October 1, 2008.
The deciding factor: There is no evidence of bilateral hearing loss disability as defined by VA regulation. The Veteran's puretone thresholds do not meet the regulatory definition of a disability.,The Veteran’s right ankle disability does not manifest with ankylosis, malunion, astragalectomy, marked limited motion, or the functional equivalent thereof.,The Veteran's cold injury to the left foot is manifested by numbness and nail loss but no arthralgia, pain, tissue loss, color changes, hyperhidrosis, or X-ray abnormalities (osteoporosis, subarticular punched out lesions, or osteoarthritis).,The Veteran's cold injury to the right foot is manifested by numbness and nail loss but no arthralgia, pain, tissue loss, color changes, hyperhidrosis, or X-ray abnormalities (osteoporosis, subarticular punched out lesions, or osteoarthritis).,PTSD manifests with occupational and social impairment with reduced reliability and productivity.,The earliest date of entitlement for service connection is based on the date of receipt of a claim or the date that benefits would have been payable had the claim been received as of the date it was actually received.,The earliest date of entitlement for tinnitus is based on the date of receipt of a claim or the date that benefits would have been payable had the claim been received as of the date it was actually received.,The earliest date of entitlement for residuals of a left foot cold injury is based on the date of receipt of a claim or the date that benefits would have been payable had the claim been received as of the date it was actually received.,The earliest date of entitlement for residuals of a right foot cold injury is based on the date of receipt of a claim or the date that benefits would have been payable had the claim been received as of the date it was actually received.
- Claimed conditions
- Bilateral Hearing Loss, Right Ankle Fracture Residuals, Left Foot Cold Injury Residuals, Right Foot Cold Injury Residuals, Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19144988
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 remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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