The Veteran's claim for an increased evaluation for lumbar strain with degenerative disc and facet joint hypertrophy is denied as there is no evidence of unfavorable ankylosis or physician-prescribed bedrest.,The Veteran's claim for an increased evaluation for status post osteotomies of the bilateral submandibular areas with TMJ instability is denied as his inter-incisal range of motion has not been shown to be limited to 0-10 mm.
The deciding factor: The evidence does not demonstrate unfavorable ankylosis or physician-prescribed bedrest for the lumbar spine disability, which are required for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran's inter-incisal range of motion has been measured at 35 mm on two occasions and 31 mm once, which is within the criteria for a 10 percent evaluation under Diagnostic Code 9905.
- Claimed conditions
- Lumbar Strain with Degenerative Disc and Facet Joint Hypertrophy, Status Post Osteotomies of the Bilateral Submandibular Areas with TMJ Instability, Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2018
- Citation
- 1826403
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 1826403.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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