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Denied

The Veteran's initial schedular rating for tinnitus is denied as it is the highest available.,An extraschedular rating for tinnitus is also denied due to the maximum schedular rating being assigned.,Service connection for hearing loss is not granted because the Veteran does not have hearing impairment for VA purposes.,Effective from November 8, 2012, a 40 percent rating for lumbosacral DDD is granted. The Veteran's radiculopathy of the right lower extremity is rated at 20 percent.

The deciding factor: The criteria for a higher schedular or extraschedular rating for tinnitus are not met as it already has the highest available rating.,The Veteran does not have hearing impairment for VA purposes, thus service connection for hearing loss cannot be granted.,For lumbosacral DDD, the evidence shows forward flexion of 35 degrees and other limitations. The April 2013 VA examination is considered factually ascertainable since the claim was filed.

Claimed conditions
tinnitus, lumbosacral degenerative disc disease (DDD), radiculopathy of the right lower extremity
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
10%
Decision date
August 1, 2019
Citation
19160017

Veterans Law Judge

RYAN T. KESSEL

Decisions by this judge: 2,199 · Granted: 25% (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 19160017.

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