The Veteran's bilateral hearing loss and diabetes mellitus type 2 evaluations have been dismissed due to the appellant's withdrawal of these issues.,Higher ratings for peripheral neuropathy of the left lower extremity (sciatic nerve), right lower extremity (sciatic nerve), left lower extremity (femoral nerve) associated with herbicide exposure, and right lower extremity (femoral nerve) associated with herbicide exposure have been granted. The Veteran's status post left ankle fracture evaluation has been denied.,The Veteran does not meet the criteria for a TDIU as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.
The deciding factor: The appellant withdrew their claims for higher ratings of bilateral hearing loss and diabetes mellitus type 2, resulting in dismissal.,Higher ratings were granted based on moderate incomplete paralysis of the sciatic nerve and femoral nerve. The Veteran's ankle fracture does not meet the criteria for a rating greater than 10 percent.,The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.
- Claimed conditions
- bilateral hearing loss, diabetes mellitus type 2, peripheral neuropathy of the left lower extremity (sciatic nerve), peripheral neuropathy of the right lower extremity (sciatic nerve), peripheral neuropathy of the left lower extremity (femoral nerve) associated with herbicide exposure, peripheral neuropathy of the right lower extremity (femoral nerve) associated with herbicide exposure, status post left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2023
- Citation
- A23030876
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 A23030876.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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