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Dismissed

The Veteran's service connection claims for an acquired psychiatric disorder and right ear hearing loss have been reopened. Service connection for right ear hearing loss has been granted with a 20% rating. The lumbar spine disability is rated at 20%, while the left ankle disability is rated at 10%. Other issues are remanded.

The deciding factor: The evidence raised a reasonable possibility of substantiating the service connection claims for right ear hearing loss and an acquired psychiatric disorder, leading to their reopening. The lumbar spine disability meets criteria for a 20% rating based on forward flexion limited to 40 degrees.

Claimed conditions
Acquired psychiatric disorder, Right ear hearing loss, Lumbar spine disability, Left ankle disability
How they argued it
Reopened with new and material evidence
Exposure basis
None
Rating assigned
20%
Decision date
January 10, 2023
Citation
23001334

Veterans Law Judge

DUSTIN L. WARE

Decisions by this judge: 899 · Granted: 45% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 23001334.

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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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

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