The Veteran's hearing loss disability does not meet the criteria for a compensable rating.,The right hand scar is rated as non-compensable due to its area being less than 39 square centimeters and not meeting the criteria for a compensable rating under Diagnostic Code 7801.,The right hand laceration of extensor tendon, status post repair does not meet the criteria for a rating in excess of 10 percent as there is no evidence of moderately-severe or severe impairment.,The right shoulder arthritis, impingement syndrome and strain do not meet the criteria for a rating in excess of 20 percent due to the Veteran's range of motion exceeding below shoulder height during flare-ups.,Service connection for residuals, status post avulsion of left fifth toenail with skin flap is remanded as there is no evidence that the current disability is related to service.
The deciding factor: The Veteran’s hearing loss does not meet the criteria for a compensable rating based on VA's criteria.,The right hand scar area is less than 39 square centimeters and does not meet the criteria for a compensable rating under Diagnostic Code 7801.,There is no evidence of moderately-severe or severe impairment in the right hand laceration of extensor tendon, status post repair.,The Veteran's range of motion during flare-ups exceeds below shoulder height, thus does not meet the criteria for a rating in excess of 20 percent under Diagnostic Code 5201.,There is no evidence that the current disability is related to service.
- Claimed conditions
- Hearing loss, Right hand scar, Right hand laceration of extensor tendon, status post repair, Right shoulder arthritis, impingement syndrome and strain, Residuals, status post avulsion of left fifth toenail with skin flap
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2019
- Citation
- 19189737
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19189737.
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.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Denied
The Board denied service connection for hearing loss, finding that the Veteran's current hearing loss disability is not related to military noise exposure and there is no evidence of a nexus between in-service noise exposure and his current condition.
- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Remanded (sent back)
The Board has decided to remand the hearing loss claim due to incomplete records and the need for a VA examination. The Veteran's hearing loss may be related to service or secondary to his service-connected cerumen impaction.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.