The Veteran's claim for a TDIU was dismissed as his representative requested withdrawal.,His initial compensable rating for right ear hearing loss is denied.,He is not entitled to an increased rating for residuals of left thigh stab wound, except for the period after January 26, 2018 when he is assigned a 40 percent disability rating under DC 5314.,His initial compensable disability rating for a left thigh scar is denied.,The Veteran's claim for service connection for left ear hearing loss is REMANDED.,Service connection for PTSD and TBI are not granted.,The Veteran's claims for service connection for these conditions remain pending.
The deciding factor: The Veteran requested withdrawal of his appeal for a TDIU, which the Board accepted. The criteria for a compensable rating for right ear hearing loss have not been met under DC 6100.,Prior to January 26, 2018, the residuals of left thigh stab wound affected muscle group XIII and warrant a 10 percent disability rating under DC 5313. After that date, they affect muscle group XIV and warrant a 40 percent disability rating under DC 5314.,The Veteran's left thigh scar does not meet the criteria for a compensable disability rating as it is not painful or unstable and its area is less than 39 square centimeters.,Service connection for PTSD has been denied, but service connection remains pending. Service connection for TBI was also denied.,The Veteran's claim for left ear hearing loss is REMANDED.
- Claimed conditions
- Right ear hearing loss, Left thigh stab wound (residuals), Posttraumatic stress disorder (PTSD), Traumatic brain injury (TBI)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2021
- Citation
- 21068720
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 21068720.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Granted
The Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
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