The Veteran's claim for service connection for right ear hearing loss is denied. The Board has remanded the claims for lumbar back strain, right ankle residual status-post fracture, PTSD, complex cyst right kidney, and left ear hearing loss.
The deciding factor: The March 2018 VA examination did not find a current diagnosis of right ear hearing loss disability that met the standard of 38 C.F.R. § 3.385 in service or within a year of separation from service.
- Claimed conditions
- Right ear hearing loss, Lumbar back strain, Right ankle residual status-post fracture, Posttraumatic stress disorder (PTSD), Complex cyst right kidney, Left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 8, 2023
- Citation
- 23049611
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. Read the original VA decision (opens in a new tab) using citation 23049611.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Whole decision: 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.
- Whole decision: Denied
The Board has determined that the Veteran's left ear hearing loss disability does not meet or approximate criteria for a compensable (10%) disability rating at any point during the appeal period.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.