The Veteran's appeal for an increased evaluation in excess of 30 percent for residuals of right great toe fracture is denied.,Service connection for right ear hearing loss condition and left ear hearing loss condition are both remanded due to insufficient evidence regarding the presence or aggravation of these conditions during service.,Service connection for tinnitus is also remanded as there was no opinion on its relation to service.
The deciding factor: The Veteran's right great toe fracture residuals do not meet the criteria for a higher evaluation, as they are currently rated at 30 percent and actual loss of use of the foot has not been demonstrated.,There is insufficient evidence regarding whether the Veteran had hearing loss conditions during service or if these conditions were aggravated by service. The remand allows for further examination to address these issues.,The Veteran's tinnitus was found to be less likely related to service, and a new opinion is needed to determine its relation to service.
- Claimed conditions
- Right great toe fracture, Right ear hearing loss condition, Left ear hearing loss condition, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2023
- Citation
- 23039730
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 23039730.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- 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.
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