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 withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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