The Veteran's bilateral hearing loss is currently rated at 10 percent, and a higher rating is denied.,The Veteran's scar(s) of the left foot and lower leg are not compensable under current criteria.,Service connection for degenerative arthritis of the spine and spinal stenosis remains remanded as new evidence may be needed to establish this condition.,A disability rating in excess of 20 percent for residual(s) of left foot fracture; arthritis of the left midfoot and first metatarsophalangeal joint, status post ORIF-screw placement with bone graft is also remanded.
The deciding factor: The Veteran's bilateral hearing loss does not meet the criteria for a higher rating as his audiometric results do not indicate an exceptional pattern of hearing impairment or any other disabling effects not considered in Diagnostic Codes 7800-04.,The Veteran's scar(s) are rated under Diagnostic Code 7805, which considers all other scars. The Veteran's scars do not meet the criteria for a compensable rating as they are not painful or unstable and their total area is less than 39 square cm (6 square inches).,Service connection remains remanded because new evidence may be needed to establish degenerative arthritis of the spine and spinal stenosis.,A disability rating in excess of 20 percent for residual(s) of left foot fracture; arthritis of the left midfoot and first metatarsophalangeal joint, status post ORIF-screw placement with bone graft is also remanded as new evidence may be needed to establish this condition.
- Claimed conditions
- Bilateral Hearing Loss, Scar(s) of the Left Foot and Lower Leg (previously rated with arthritis, midfoot and first metatarsophalangeal joint, status post left foot fracture, status post ORIF-screw placement with bone graft), Degenerative Arthritis of the Spine and Spinal Stenosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2024
- Citation
- A24031275
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 A24031275.
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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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