The Veteran's claim for service connection for right ear hearing loss has been reopened and granted. The claim for an increased rating for degenerative disc and joint disease of the lumbar spine with intervertebral disc syndrome and mechanical back pain syndrome is denied, as are claims for service connection for pain and numbness of the genitals (secondary to the service-connected lumbar spine disability) and asthma.
The deciding factor: The Veteran submitted new evidence that was not previously considered, which relates to an unestablished fact necessary to substantiate his claim for right ear hearing loss. The VA examiners did not find any episodes of acute signs and symptoms due to intervertebral disc syndrome (IVDS) that required bed rest prescribed by a physician and treatment by a physician in the past 12 months, thus preventing him from receiving a higher rating under the IVDS Formula.
- Claimed conditions
- Right ear hearing loss, Degenerative disc and joint disease of the lumbar spine with intervertebral disc syndrome and mechanical back pain syndrome, Pain and numbness of the genitals, Asthma (claimed as a lung disorder)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 27, 2020
- Citation
- 20029142
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 20029142.
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.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
- Remanded (sent back)
The Veteran's claims for earlier effective dates for service connection of hypertension and right ear hearing loss were denied. The Board has remanded these issues.,Service connection for hypertension was granted in June 2023 based on the PACT Act, but an earlier effective date is not warranted.
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