The Veteran's initial claim for a compensable rating for his residual scar from laceration to the base of his right fifth finger was denied. The Board found that there is no evidence of deep or nonlinear scars, and thus, a compensable rating is not warranted.,Service connection for right ear hearing loss was granted based on in-service exposure to loud gunfire during combat in Vietnam. Service connection for left ear hearing loss was denied as the Veteran does not have a current diagnosis of hearing loss for VA purposes.
The deciding factor: The Veteran's scar is not deep or nonlinear, and therefore, it does not meet the criteria for a compensable rating under Diagnostic Codes 7801-7805.,The private audiologist diagnosed the Veteran with right ear hearing loss based on his in-service exposure to loud gunfire. The VA examiner disagreed but did not provide sufficient rationale for their conclusion.
- Claimed conditions
- residual scar from laceration to base of right fifth finger, right ear hearing loss, left ear hearing loss, chronic low back disorder (spondylolisthesis, disc degeneration (L4-L5 and L5-S1 levels), osteoporosis), malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066552
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
- Granted
The Board granted service connection for right ear hearing loss, resolving reasonable doubt in the Veteran's favor based on a finding of etiological relation to in-service noise exposure.
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