A 10 percent rating for a surgical scar associated with lumbar disc disease prior to May 18, 2017 is granted.,A rating in excess of 10 percent for the same condition since May 18, 2017 is denied.,An effective date earlier than August 22, 2016, for SMC at the housebound rate is denied.
The deciding factor: The medical evidence did not show any other symptoms or functional impairment prior to May 18, 2017. For the portion of the initial rating period from May 18, 2017, the lumbar spine surgical scar disability demonstrated pain with no other symptoms or functional impairment shown.,The weight of the evidence showed material improvement in bilateral hearing loss under the ordinary conditions of life and work; therefore, the rating reduction was proper.,There is no factual basis to grant an earlier effective date for SMC at the housebound rate.
- Claimed conditions
- Lumbar disc disease, Surgical scar associated with lumbar disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 14, 2019
- Citation
- 19185644
Veterans Law Judge
Decisions by this judge: 2,162 · Granted: 21% (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 19185644.
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The Veteran's claims for service connection for cervical strain, left knee strain, and right knee strain remain denied. The claim for service connection for lumbar disc disease is remanded due to the need for a VA examination.
- Granted
The Veteran's daughter, P., is recognized as a helpless child due to her disabilities and inability to support herself prior to the age of 18. The claim was reopened based on new evidence showing she became permanently incapable of self-support before reaching the age of 18.
- Dismissed
The Board has dismissed the Veteran's appeal for service connection for degenerative arthritis of the spine with lumbar disc disease and radiculopathy to the left leg due to his withdrawal during a hearing. The issue of service connection for a urethral stricture (claimed as a urology condition) is remanded.
- Granted
The Veteran's cervical and lumbar disc diseases are each rated at 20 percent, effective June 5, 2012. The radiculopathy of the bilateral lower extremities is also rated at 20 percent, effective June 5, 2012.,PTSD with depression is rated at 50 percent, effective throughout the duration of the appeal.
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