The Veteran's lumbar spine disability is rated at 40 percent effective February 3, 2010. He also received separate ratings of 10 percent for right and left lower extremity radiculopathy since February 26, 2010. His hallux valgus disabilities are rated at the maximum allowed under Diagnostic Code 5280. The Veteran's bilateral hearing loss is assigned a noncompensable rating.
The deciding factor: The Veteran's lumbar spine disability was found to meet criteria for a 40 percent rating effective February 3, 2010 based on limitation of forward flexion limited to 35-40 degrees and flare-ups producing even greater functional limitation. The separate ratings for right and left lower extremity radiculopathy were also granted as they met the criteria for moderate incomplete paralysis of the sciatic nerve.
- Claimed conditions
- Orthopedic residuals of degenerative disc disease of the lumbar spine, Right lower extremity radiculopathy due to lumbar spine disability, Left lower extremity radiculopathy due to lumbar spine disability, Hallux valgus of the right foot, Hallux valgus of the left foot, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 3, 2015
- Citation
- 1509222
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 1509222.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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