The Veteran's service-connected degenerative disease of the lumbar spine is rated at 40 percent, and his right leg neuritis has been rated appropriately. The bilateral hearing loss ratings have also been determined to be appropriate.
The deciding factor: The criteria for higher ratings were not met as there was no evidence of severe functional impairment or incapacitating episodes that would warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- degenerative disease of the lumbar spine, right leg neuritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 13, 2010
- Citation
- 1014063
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 1014063.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's initial 10 percent rating for migraines is granted, while a compensable rating for bilateral hearing loss is denied. Service connection is granted for pes planus, but not for degenerative disease of the lumbar spine, bilateral knee pain, hypertension, GERD, or sleep apnea and generalized anxiety disorder.
- Remanded (sent back)
The Board has remanded the claims for an evaluation higher than 10 percent for cervical degenerative joint disease prior to March 5, 2019 and entitlement to a total disability based on individual unemployability due to service-connected disability (TDIU).
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's service-connected cervical spine condition and his current degenerative disease of the lumbar spine.
- Denied
The Veteran's claim of increased rating for a left knee disability is denied as he withdrew his appeal without good cause. The Board also remanded the issue of TDIU due to service-connected disabilities.
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