The Veteran's claims for increased ratings were denied. The RO found that the Veteran’s bilateral hearing loss, muscle spasm in his neck, and residual dislocation of his right shoulder are already rated at their maximum levels under the applicable diagnostic codes.
The deciding factor: The evidence did not show additional functional impairment or an exceptional pattern of hearing impairment to warrant a higher rating for bilateral hearing loss. The Veteran's neck disorder was found to have severe disability (30 percent) and no ankylosis, which is consistent with his current 30 percent rating under Diagnostic Code 5323. For the right shoulder, the evidence showed limitation of motion to midway between side and shoulder level, warranting a 30 percent rating.
- Claimed conditions
- bilateral hearing loss, muscle spasm, right side of neck, residual dislocation, right (major) shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 20, 2019
- Citation
- 19173569
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 19173569.
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: Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Whole decision: Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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