The Veteran's service-connected Eustachian tube dysfunction with hearing loss is rated as noncompensable, while the residuals of a fracture of the right transverse process with degenerative disc disease and left lower extremity radiculopathy are both denied. Service connection for vertigo was granted secondary to tinnitus or hearing loss. A TDIU rating prior to June 11, 2012 is granted.
The deciding factor: The Veteran's Eustachian tube dysfunction with hearing loss resulted in a noncompensable evaluation as the disability did not meet the criteria for higher ratings based on speech discrimination and puretone thresholds. The residuals of a fracture of the right transverse process with degenerative disc disease were rated at 40 percent, which is the maximum rating available under Diagnostic Code 5242. Service connection for vertigo was granted as it is secondary to tinnitus or hearing loss.
- Claimed conditions
- Eustachian tube dysfunction, Hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 25, 2013
- Citation
- 1338825
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 1338825.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Denied
The Board denied service connection for hearing loss, finding that the Veteran's current hearing loss disability is not related to military noise exposure and there is no evidence of a nexus between in-service noise exposure and his current condition.
- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Remanded (sent back)
The Board has decided to remand the hearing loss claim due to incomplete records and the need for a VA examination. The Veteran's hearing loss may be related to service or secondary to his service-connected cerumen impaction.
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