The Veteran's tinnitus is granted service connection and rated at 10%.,The Veteran's hypertension is granted service connection on secondary basis and rated at 10%.,For the entire period on appeal, the Veteran’s degenerative disc disease of the lumbar spine with myofascial pain syndrome of the thoracic spine has been rated at 40 percent.,The Veteran's chronic neck strain is granted service connection and rated at 20 percent.,For the entire period on appeal, the Veteran’s left lower extremity radiculopathy has been rated at 20 percent.,For the entire period on appeal, the Veteran’s right lower extremity radiculopathy has been rated at 20 percent.,The Veteran's left leg shin splints have not been granted a compensable rating.,The Veteran's right leg shin splints have not been granted a compensable rating.

The deciding factor: Service connection for tinnitus is granted as the evidence shows it is at least as likely as not related to service due to noise exposure during service, and the benefit of doubt rule is applied.,Service connection for hypertension is granted on secondary basis as obesity caused by service-connected disabilities (back strain, neck strain, shin splints) led to weight gain which in turn caused hypertension. The Veteran's depression and anxiety are also considered a factor.,The rating assigned for the lumbar spine disability is 40 percent because it meets the criteria of severe lumbosacral strain as per the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula).,Service connection for chronic neck strain is granted as the evidence shows it is at least as likely as not related to service due to his military occupational specialty.,The rating assigned for left lower extremity radiculopathy is 20 percent because it meets the criteria of moderate incomplete paralysis of the sciatic nerve as per Diagnostic Code 8720. The same applies to right lower extremity radiculopathy.,Service connection for shin splints is denied as there is no evidence of malunion of tibia and fibula with slight knee or ankle disability.,The Veteran's left leg shin splints have not been granted a compensable rating because the criteria for such are not met.,The Veteran's right leg shin splints have not been granted a compensable rating as the criteria for such are not met.

Claimed conditions

tinnitus, hypertension, degenerative disc disease of the lumbar spine with myofascial pain syndrome of the thoracic spine, chronic neck strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left leg shin splints, right leg shin splints

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

November 17, 2020

Citation

20073625