The Veteran's claim for service connection of left ear hearing loss was denied. The appeal for an initial rating in excess of 10 percent for postlaminectomy syndrome is granted, effective from the date of service connection. Appeals for ratings for radiculopathy of the lower extremities and knee strains are all denied.
The deciding factor: The Veteran did not have left ear hearing loss prior to his death, and no evidence was found showing he had it at any point during the appeal period. The postlaminectomy syndrome resulted in intervertebral disc disease with incapacitating episodes of at least 6 weeks in the past year, warranting a 60 percent rating.
- Claimed conditions
- left ear hearing loss, postlaminectomy syndrome, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, left knee strain, right knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 14, 2018
- Citation
- 18149971
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 18149971.
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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.
- 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 appeals for service connection of various conditions due to untimely filing of the appeal.
- 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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