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. Read the original VA decision (opens in a new tab) using citation 1004197.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
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- Remanded (sent back)
The Board has determined that there are errors in the decision-making process related to service connection for lower back, right knee, and left knee conditions. The claims are being remanded to allow for further review and consideration of these issues.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining treatment records and adequate nexus opinions. The Veteran's claims for service connection for lumbar spine and cervical spine disabilities are now before the Board.
- Partly granted
The Board denied increased ratings for the Veteran's lower extremity radiculopathy, lumbar degenerative disease, and left hip strain conditions, but granted a 10 percent rating for left hip strain impairment of thigh from April 13, 2023.
- Denied
The Veteran's claim for service connection of a heart condition and TDIU was denied. The Board found that the evidence did not support a finding that his current heart conditions were related to his active-duty service or any other service-connected disability.
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