The Veteran's appeal for an earlier effective date and higher initial rating for right ear hearing loss is dismissed as the claim has been severed due to clear and unmistakable error.,The Veteran's request to reopen his finally disallowed claim of entitlement to service connection for a right foot injury is granted. The evidence received since the last final denial supports this claim.,Service connection for a left foot condition is denied because there is no current evidence of such a condition or any treatment sought by the Veteran.,The Veteran's claim for service connection for right shoulder impingement is granted, with the persuasive weight of the evidence being in equipoise as to whether it manifested within one year of separation from service.,Service connection for post traumatic headaches with blurry vision is granted at a 30 percent rating.
The deciding factor: The March 2020 rating decision that severed entitlement to service connection for right ear hearing loss was final, and the appeal for an earlier effective date and higher initial rating are moot.,New evidence received since the September 2015 rating decision supports reopening the claim of entitlement to service connection for a right foot injury.,There is no current evidence of a left foot condition or any treatment sought by the Veteran, thus denying service connection.,The persuasive weight of the evidence is in equipoise as to whether the Veteran's right shoulder impingement manifested within one year of separation from service.,Service connection for post traumatic headaches with blurry vision is granted because the evidence supports a finding that it has been manifested with characteristic prostrating attacks.
- Claimed conditions
- right ear hearing loss, right shoulder impingement, post traumatic headaches with blurry vision, left foot condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2023
- Citation
- 23066384
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 23066384.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Dismissed
The Veteran withdrew his appeal for service connection of right ear hearing loss, and the case is dismissed.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
- Remanded (sent back)
The Board has remanded the case for further development and consideration of the Veteran's claims for service connection for right ear hearing loss. The Veteran does not have left ear hearing loss for VA purposes.
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