The Veteran's claim for a rating in excess of 40 percent for bilateral hearing loss prior to October 2, 2017 was denied. The appeal remains pending.,New and material evidence has been submitted to reopen the claim for residuals of left clavicle fracture.,Service connection for left shoulder disability (rotator cuff tear and strain) is granted based on a positive medical nexus opinion linking it to service.,The Veteran's claims for right knee disorder and left knee disorder are remanded due to new and material evidence submitted.,Service connection for bilateral knee DJD is granted based on X-ray findings of arthritis in both knees.,The Veteran's claim for respiratory disability, including herbicide exposure, remains pending.
The deciding factor: The preponderance of the evidence does not support a rating higher than 40 percent for bilateral hearing loss prior to October 2, 2017.
- Claimed conditions
- Bilateral Hearing Loss, Left Shoulder Strain and Rotator Cuff Tear, Right Knee Disorder, Left Knee Disorder, Bilateral Knee Degenerative Joint Disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2019
- Citation
- 19191698
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 19191698.
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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