The Veteran's claim for a low back disability and TMJ was reopened, with the new evidence showing diagnoses of low back pain and TMJ. The Veteran's bilateral hearing loss is service-connected as it is at least as likely as not due to her service-connected vertigo.,The Veteran's DDD of the cervical spine has been granted a 30% disability rating, which is the maximum schedular rating available under VA regulations.
The deciding factor: The evidence shows that the Veteran’s hearing loss is at least as likely as not due to her service-connected vertigo.
- Claimed conditions
- Low back disability, TMJ (Temporomandibular Joint Syndrome), Bilateral Hearing Loss, Degenerative Disc Disease of the Cervical Spine, Bilateral Pes Planus with Heel Spurs and Degenerative Changes, Allergic Rhinitis, Diverticulitis and Large Bowel Obstruction with Gastroesophageal Reflux Disease (GERD) and Hiatal Hernia, Hemorrhoids, Malignant Neoplasm of the Ovary with Total Abdominal Hysterectomy and Bilateral Salpingo-oophorectomy, Fibrocystic Breast Disease, Normochromia Normocytic Anemia, Anal Fissure, Headaches with Vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 17, 2019
- Citation
- 19104124
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
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 19104124.
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.
- 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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- 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.
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