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 tinnitus is presumed service-connected due to acoustic trauma during service. For his low back residuals, the VA examiners found no evidence of unfavorable ankylosis or incapacitating episodes/physician-prescribed bed rest that would justify a higher rating beyond 40 percent.
- 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
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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