The veteran's low back pain syndrome is rated at the maximum available under both old and new criteria for intervertebral disc syndrome, resulting in a 60 percent rating. The claim of service connection for bilateral high frequency hearing loss remains pending. The TDIU claim is granted.
The deciding factor: The veteran's low back disability more nearly approximated the criteria for pronounced intervertebral disc syndrome under both old and new criteria for intervertebral disc syndrome, warranting a 60 percent rating. Bilateral high frequency hearing loss was not service-connected due to lack of evidence. The TDIU claim is granted as the veteran has been unable to work since October 2001.
- Claimed conditions
- Low back pain syndrome, Bilateral high frequency hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 23, 2003
- Citation
- 0336228
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 0336228.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for an effective date of October 2, 2020 for special monthly compensation based on housebound status is granted. The Veteran has a single disability rated as 100% disabling (coronary artery disease) and additional disabilities with combined ratings of at least 60%, meeting the criteria for housebound status.
- Denied
The Veteran's low back pain syndrome with L4-L5 discogenic disease and herniated disc is currently rated at 60 percent, the maximum schedular rating. The appeal for a higher rating has been denied.
- Denied
The Veteran's bilateral high frequency hearing loss is currently rated as noncompensable, with the most recent VA examination showing Level II hearing in both ears.
- Partly granted
The Veteran's appeals for earlier effective dates and initial evaluations have been dismissed.,His claims for service connection for bilateral high frequency hearing loss and lumbar spine condition with radiculopathy are reopened, but the latter is remanded due to additional development needed.
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