The Veteran's lumbar degenerative disease is rated at the highest available rating based on limitation of motion. The claims to reopen service connection for hearing loss and tinnitus are granted due to new and material evidence.
The deciding factor: The Veteran's lumbar degenerative disease more nearly approximates flexion limited to 30 degrees or less, warranting a 40% rating under the General Rating Formula for Diseases and Injuries of the Spine. The additional evidence submitted since the May 2006 denial relates to an unestablished fact necessary to substantiate the claims of service connection for hearing loss and tinnitus.
- Claimed conditions
- lumbar degenerative disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 28, 2010
- Citation
- 1004197
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 1004197.
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
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