The Veteran's bilateral hearing loss is not compensable.,For the cervical spine, a rating in excess of 20 percent prior to May 7, 2007 and a 20 percent rating from that date are denied. A 40 percent rating for the lumbar spine is granted effective September 8, 2008.,For the cervical spine, a 20 percent rating was previously assigned and remains unchanged. For the lumbar spine, a 40 percent rating is now in effect from September 8, 2008.
The deciding factor: The Veteran's hearing loss does not meet the criteria for a compensable evaluation.,For the cervical spine prior to May 7, 2007, the evidence did not show forward flexion of the cervical spine of 15 degrees or less. From that date onward, the flexion was at least 30 degrees but less than 45 degrees (as per VA examination reports).,For the lumbar spine prior to September 8, 2008, the evidence did not show ankylosis of the thoracolumbar spine. From that date onward, flexion was at least 30 degrees but less than 45 degrees (as per VA examination reports).
- Claimed conditions
- degenerative disc disease of the cervical spine, degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 12, 2010
- Citation
- 1030162
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 1030162.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
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