The Veteran's left ear hearing loss is rated at 0 percent, as the VA examination results do not warrant a compensable rating.,The Veteran's right knee patellofemoral syndrome with patellar tendinitis prior to July 4, 2019 and status post right total knee replacement from July 5, 2019 are both rated at 30 percent. The Veteran is seeking higher ratings for these conditions.,The Veteran's left knee patellofemoral syndrome with patellar tendinitis is rated at 10 percent. The Veteran is seeking a higher rating for this condition.,The Veteran is seeking TDIU prior to December 21, 2016.
The deciding factor: The VA examination results do not warrant a compensable rating for the left ear hearing loss as it corresponds to Level I hearing in both ears.,The Veteran's right knee patellofemoral syndrome with patellar tendinitis and status post right total knee replacement are rated at 30 percent, but the Veteran is seeking higher ratings. The VA examination results do not support a higher rating for these conditions.,The Veteran's left knee patellofemoral syndrome with patellar tendinitis is rated at 10 percent, but the Veteran is seeking a higher rating. The VA examination results do not support a higher rating for this condition.,The Veteran is seeking TDIU prior to December 21, 2016 and the claims are inextricably intertwined with the issues of increased ratings for bilateral knee disabilities.
- Claimed conditions
- left ear hearing loss, right knee patellofemoral syndrome with patellar tendinitis, status post right total knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070250
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.
- Remanded (sent back)
The Board remands the claim for service connection for left ear hearing loss to obtain an adequate VA opinion addressing the hearing loss demonstrated on the September 1968 and July 1974 examination, under both ASA and ISO-ANSI standards.
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