The Veteran's application to reopen a claim for service connection for sprain, both ankles is granted. The initial compensable rating for bilateral hearing loss disability is denied. The claims of increased ratings for lumbosacral strain with degenerative arthritis (lumbosacral disability), cervical strain, and coronary artery disease (CAD) are remanded. The claims of service connection for left ankle disability, right ankle disability, left hand disability, and right hand disability are also remanded.
The deciding factor: The Veteran's current bilateral hearing loss disability is rated as zero percent disabling under Diagnostic Code 6100 based on the most severe audiometric test results. The VA examinations did not provide all required range of motion testing for joints as per Correia v. McDonald, 28 Vet. App. 158 (2016).
- Claimed conditions
- Sprain, both ankles, Bilateral hearing loss disability, Lumbosacral strain with degenerative arthritis (lumbosacral disability), Cervical strain, Coronary artery disease (CAD), Left ankle disability, Right ankle disability, Left hand disability, Right hand disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149570
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.
- Dismissed
The Board dismissed the Veteran's appeals for service connection for bilateral hearing loss disability and tinnitus due to a lack of jurisdiction.
- Denied
The Board denied service connection for a bilateral hearing loss disability as the evidence did not support a nexus between the disability and service.
- Denied
The Board denied the Veteran's claim for an earlier effective date for a TDIU due to service-connected disabilities prior to February 14, 2025, as the evidence did not show that he was precluded from obtaining and maintaining substantially gainful employment during the appeal period.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
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