The Veteran's claim for service connection for bilateral sensorineural hearing loss (SNHL) is denied as there is no objective medical evidence to support a diagnosis of bilateral SNHL.,For the period prior to January 11, 2018, the Veteran’s lumbar spine condition was not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine not greater than 120 degrees; muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis; ankylosis; or doctor-prescribed bed rest. Therefore, a rating in excess of 10 percent is denied.,From January 11, 2018, the Veteran’s lumbar spine condition was manifested by forward flexion of 30 degrees and did not require doctor-prescribed bed rest at any during this period. Thus, a rating in excess of 40 percent is denied.,For the period prior to September 17, 2015, the Veteran’s right lower extremity radiculopathy was manifested by mild, incomplete paralysis of the sciatic nerve of an entirely sensory nature. From September 17, 2015, it was manifested by moderate, incomplete paralysis of the sciatic nerve of an entirely sensory nature. Therefore, a rating of 20 percent is granted for right lower extremity radiculopathy from September 17, 2015.,The Veteran's claim for TDIU is granted.

The deciding factor: There was no objective medical evidence to support the diagnosis of bilateral SNHL under VA standards. The audiometric testing results did not meet the criteria established under 38 C.F.R. § 3.385.,The Veteran's lumbar spine condition, characterized as degenerative disc and joint disease with intervertebral disc syndrome, was not productive of forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, the combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or vertebral body fracture with loss of 50 percent or more of the height.,The Veteran's lumbar spine condition was manifested by forward flexion of 30 degrees and did not require doctor-prescribed bed rest at any during this period. Therefore, a rating in excess of 40 percent is denied.,For the period prior to September 17, 2015, the Veteran's right lower extremity radiculopathy was manifested by mild, incomplete paralysis of the sciatic nerve of an entirely sensory nature. From September 17, 2015, it was manifested by moderate, incomplete paralysis of the sciatic nerve of an entirely sensory nature.,The evidence shows that the Veteran's service-connected disabilities precluded him from securing or following a substantially gainful occupation consistent with his education and occupational experience.

Claimed conditions

bilateral sensorineural hearing loss, lumbar spine condition, right lower extremity radiculopathy

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

November 5, 2018

Citation

18147314

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 18147314.