The Veteran's right ankle disability is currently rated at 10 percent since April 4, 2012. The Board found that the evidence did not show marked limitation of motion to warrant a higher rating.,For his bilateral hearing loss, no compensable initial rating was granted as there were no exceptional patterns of hearing impairment present.
The deciding factor: The Veteran's right ankle disability resulted in moderate limitation of motion (dorsiflexion to at least 10 degrees and plantar flexion to at least 30 degrees), which did not meet the criteria for a higher rating under Diagnostic Code 5271.
- Claimed conditions
- Right ankle sprain, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 12, 2020
- Citation
- 20072917
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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