The appeal seeking a higher rating for degenerative disc disease (DDD) of the thoracolumbar spine is dismissed.,A rating higher than 10 percent for limitation of extension of the left knee is denied.,A compensable rating for bilateral hearing loss is denied.,A rating higher than 10 percent for shrapnel wound scar of the upper left chest is denied.,A compensable rating for residual scars from right hip replacement and shrapnel wound scar is denied.
The deciding factor: The Board lacks jurisdiction to adjudicate the appeal seeking an increased rating for DDD of the thoracolumbar spine due to the Veteran's election into the Appeals Modernization Act (AMA) review system.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracolumbar spine, Left knee limitation of extension, Bilateral hearing loss, Shrapnel wound scar of the upper left chest, Residual scars from right hip replacement and shrapnel wound scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2021
- Citation
- 21022889
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 21022889.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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