The Veteran is seeking initial compensable ratings for adjustment disorder with mixed anxiety and depressed mood (claimed as depression), left ear hearing loss, and service connection for right ear hearing loss. He also seeks service connection for degenerative disc disease of the lumbar spine as secondary to a service-connected lumbar strain and cancer of the kidneys as secondary to herbicide exposure.,The Veteran is seeking an initial compensable rating for his left ear hearing loss disability. His right ear hearing loss has worsened since his last examination in September 2010, and he seeks service connection for this condition.,The Veteran is seeking service connection for degenerative disc disease of the lumbar spine as secondary to a service-connected lumbar strain and cancer of the kidneys as secondary to herbicide exposure. He also seeks TDIU.,The Veteran's adjustment disorder with mixed anxiety and depressed mood, chronic (claimed as depression) has worsened since his last examination in September 2010, and he is seeking an initial compensable rating for this condition.,The Veteran's right ear hearing loss disability may be due to herbicide exposure during service. The examiner should determine if there is at least a 50 percent probability or greater that the Veteran has a right ear hearing loss disability as a result of active service.,The Veteran seeks service connection for degenerative disc disease of the lumbar spine, which he asserts had its onset during service and is related to his service-connected lumbar strain. The examiner should provide an opinion regarding whether it is at least as likely as not that the Veteran's current degenerative disc disease disability is related to service.
The deciding factor: The issues involve the evaluation of the Veteran's psychiatric condition, hearing loss disabilities, and a spinal disorder.,The issues involve the evaluation of the Veteran's hearing loss disabilities and whether his right ear hearing loss disability may be due to herbicide exposure during service.,The issues involve the evaluation of the Veteran's spinal disorder and cancer of the kidneys as secondary to herbicide exposure. The Veteran also seeks TDIU.,The issues involve the evaluation of the Veteran's psychiatric condition, which has worsened since his last examination in September 2010.,The issues involve determining whether there is at least a 50 percent probability or greater that the Veteran's right ear hearing loss disability may be due to herbicide exposure during service.,The issues involve evaluating the etiology of the Veteran's degenerative disc disease of the lumbar spine and determining if it is related to his service-connected lumbar strain.
- Claimed conditions
- adjustment disorder with mixed anxiety and depressed mood, chronic, left ear hearing loss, right ear hearing loss, degenerative disc disease of the lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2012
- Citation
- 1208879
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 1208879.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Dismissed
The Veteran withdrew his appeal for service connection of right ear hearing loss, and the case is dismissed.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
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