The Veteran's tinnitus is rated at 10 percent, the maximum schedular allowance under Diagnostic Code 6260. The Board denied an extraschedular rating.,The Veteran’s service-connected status post lateral discectomy of the lumbar spine and thoracic spondylosis was granted a 40 percent rating prior to November 14, 2016, but denied any higher ratings thereafter due to lack of evidence showing ankylosis.,The Veteran's bilateral pes planus is rated at 10 percent since the effective date of service connection. The Board found no basis for a compensable rating before November 14, 2016 and denied any higher rating afterwards.,The Veteran’s allergic rhinitis was not productive of 50-percent obstruction of the nasal passage on both sides or complete obstruction of one side, nor did he have nasal polyps. The Board found no basis for a disability rating in excess of 10 percent.,Right knee patellofemoral syndrome and left knee patellofemoral syndrome were remanded by the Board due to lack of evidence showing incapacitating episodes or ankylosis.,Degenerative changes of the right shoulder was remanded by the Board for additional development.

The deciding factor: The criteria for a higher rating under Diagnostic Code 6260 do not apply as tinnitus is rated at its maximum level, and there is no evidence of unique or unusual symptoms not contemplated by this evaluation.,There was no ankylosis of the Veteran’s spine to warrant a higher rating. The Board found that the criteria for a higher rating under Diagnostic Code 5237-5243 do not apply as there was no evidence of incapacitating episodes or ankylosis.,The Veteran's bilateral pes planus did not meet the criteria for a compensable rating due to lack of evidence showing significant impairment. The Board found that the criteria for a higher rating under Diagnostic Code 5276 do not apply as there was no evidence of severe pes planus or ankylosis.,The Veteran’s allergic rhinitis did not meet the criteria for a disability rating in excess of 10 percent due to lack of evidence showing significant obstruction or polyps. The Board found that the criteria for a higher rating under Diagnostic Code 6522 do not apply as there was no evidence of severe allergic rhinitis.,Right knee patellofemoral syndrome and left knee patellofemoral syndrome were remanded due to lack of evidence showing incapacitating episodes or ankylosis. The Board found that the criteria for a higher rating under Diagnostic Codes 5260-5261 do not apply as there was no evidence of severe impairment.,Degenerative changes of the right shoulder were remanded due to lack of evidence showing significant impairment. The Board found that the criteria for a higher rating under Diagnostic Code 5290 do not apply as there was no evidence of ankylosis.

Claimed conditions

tinnitus, status post lateral discectomy of the lumbar spine and thoracic spondylosis, bilateral pes planus, rhinitis, right knee patellofemoral syndrome, left knee patellofemoral syndrome, degenerative changes of the right shoulder

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

April 12, 2019

Citation

19128412