The Veteran's claim for a higher rating for residuals of fractures of the third and fourth metatarsals of the right foot is granted, with a 10% rating effective from May 5, 2020.,Service connection for bilateral hearing loss (right ear) is granted. Service connection for bilateral hearing loss (left ear) is denied.,Service connection for obstructive sleep apnea is denied.,The Veteran's claim for service connection for obstructive sleep apnea is denied.
The deciding factor: The evidence supports a finding of moderate pain and weakness in the right foot, warranting a 10% rating under Diagnostic Code 5284. The other diagnostic codes were not applicable.,Service connection was granted for bilateral hearing loss (right ear) based on noise exposure during service. Service connection for bilateral hearing loss (left ear) was denied due to lack of evidence of current disability.,Service connection for obstructive sleep apnea was denied as there is no medical nexus linking the condition to service or a service-connected disability.,Obstructive sleep apnea was denied on secondary basis, as there is no medical opinion suggesting a causative relationship between the Veteran's valvular heart disease and OSA.
- Claimed conditions
- residuals, fracture, third and fourth metatarsal right foot, right ear hearing loss, left ear hearing loss, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 27, 2022
- Citation
- 22060569
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 22060569.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
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The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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