The Veteran's claim for an increased rating for a cervical spine disability and service connection for bilateral hearing loss was denied. The cervical spine disability is currently rated as 10 percent disabling, with no evidence of forward flexion limited to less than 30 degrees or IVDS. Bilateral hearing loss does not meet the criteria for VA purposes.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for a rating in excess of 10 percent under the General Rating Formula for Diseases and Injuries of the Spine, as his range of motion was limited to 35 degrees. For bilateral hearing loss, there is no evidence that it meets the VA definition of a disability.
- Claimed conditions
- Cervical spine disability, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2020
- Citation
- 20006629
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 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.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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