Service connection for tinnitus is granted. The Veteran's low back residuals of soft tissue sarcoma are rated at 40 percent prior to December 10, 2015 and in excess of 40 percent thereafter. Bilateral hearing loss and radiculopathy of the right lower extremity do not warrant a compensable initial rating.
The deciding factor: The Veteran's low back pain residuals are rated at 40 percent due to forward flexion limited to 30 degrees, extension to 0 degrees, bilateral flexion to 15 degrees, and bilateral rotation to 20 degrees with guarding and muscle spasm resulting in abnormal gait or spinal contour.
- Claimed conditions
- tinnitus, low back pain (soft tissue sarcoma residuals), bilateral hearing loss, radiculopathy of the right lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 9, 2019
- Citation
- 19102264
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.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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