The Board has determined that the criteria for a permanent combined 60 percent rating are not met, as the veteran's service-connected disabilities may improve with treatment and do not have a static or permanent nature.
The deciding factor: The medical evidence does not show that any of the veteran's service-connected disabilities are static or incapable of material improvement. A reduction in any one of his compensable evaluations would result in a reduction of the combined rating, making it impossible for the combined rating to be permanently fixed at 60 percent.
- Claimed conditions
- degenerative disc disease of the lumbar spine, residuals of right tympanomastoid surgery, postoperative residuals of a septoplasty with rhinitis and sinusitis, hiatal hernia with reflux, bilateral hearing loss, residuals of a right leg laceration, residues of genital herpes, onychomycosis of the toenails
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 3, 2002
- Citation
- 0217383
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 0217383.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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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