An initial disability rating of 40 percent for lumbar degenerative disc disease is granted.,Separate compensable ratings of 10 percent each are granted for right and left lower extremity radiculopathy associated with lumbar degenerative disc disease, both effective February 14, 2013.,A disability rating of 70 percent for a bilateral hearing loss disability is granted from February 5, 2019.
The deciding factor: The Veteran's lumbar degenerative disc disease manifested in severe pain and limitation of motion with additional functional loss due to pain most closely approximating limitation of flexion to 30 degrees or less during flare-ups.,For the entire period on appeal, symptoms of right and left lower extremity radiculopathy associated with the Veteran’s lumbar degenerative disc disease most nearly approximated mild incomplete paralysis of the sciatic nerve.,Beginning February 5, 2019, the evidence of record demonstrated that the Veteran's bilateral hearing loss disability was productive of Level VIII hearing impairment in the right ear and Level XI hearing impairment in the left ear.
- Claimed conditions
- lumbar degenerative disc disease, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 25, 2019
- Citation
- 19132160
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 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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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