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 assigned
- 20%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19173569.
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.
- 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.
- 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.
- 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.
- 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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