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 does not meet the criteria for a rating in excess of 10 percent, as it does not show 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 from an avulsion injury to the left fifth toenail with skin flap is denied.
The deciding factor: The evidence does not meet the criteria for a compensable rating based on VA’s criteria for hearing loss, as the Veteran's puretone threshold averages and speech discrimination scores do not warrant such a rating.,The right hand scar area (1.2 square centimeters) is less than 39 square centimeters and does not meet the criteria for a compensable rating under Diagnostic Code 7801 due to its association with underlying soft tissue damage but not meeting the required size threshold.,The Veteran's right hand laceration of extensor tendon disability does not show moderately-severe or severe impairment, as his strength is normal and there are no other functional impairments noted by the examiner.,The Veteran’s right shoulder motion was found to exceed below shoulder height during flare-ups but did not meet the criteria for a higher rating under Diagnostic Code 5201 due to the presence of underlying soft tissue damage and lack of instability or dislocation.,There is no evidence of service connection as the residuals from an avulsion injury to the left fifth toenail with skin flap are denied.
- 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
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.
- Dismissed
The Veteran withdrew his appeal for service connection for bilateral hearing loss, tinnitus, an acquired psychiatric disability, a right hand scar, and residuals of a right leg injury.
- Denied
The Board denied the Veteran's claim for an initial increased rating for hearing loss, finding that the evidence did not support a compensable rating.
- Remanded (sent back)
The Board remands the claims for service connection for hearing loss, psychiatric disorder, neck disorder, and radiculopathy of both upper and lower extremities to correct duty-to-assist errors.
- Granted
The Veteran's service-connected disabilities rendered her unable to secure and follow a substantially gainful occupation from February 24, 2012, to September 26, 2012.
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.