The Veteran's initial claim for a higher rating for degenerative arthritis of the cervical spine was granted, with a 30 percent rating effective September 21, 2011. The issue of radiculopathy associated with this condition is also remanded.,Service connection for left knee disorder and right ankle disorder are both denied. Service connection for bilateral hearing loss is also denied.
The deciding factor: The Veteran's degenerative arthritis of the cervical spine has been rated at 30 percent since September 21, 2011, based on severe pain with functional impairment during flare-ups.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Left knee disorder, Right ankle disorder, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 3, 2019
- Citation
- 19176807
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for annual clothing allowances for a left knee sleeve, A&D ointment, hydrocortisone cream, and incontinence briefs due to lack of service connection or evidence that these items cause irreparable damage to outer garments.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.