The Veteran's bilateral hearing loss is rated as noncompensable, with an average decibel loss of 51 in both ears.,The Veteran’s HNP of the lumbar spine is currently rated at 20 percent based on incapacitating episodes having a total duration of less than 6 weeks during the past 12 months. The Veteran's current range of motion shows forward flexion to 60 degrees, extension to 10 degrees.,The Veteran does not meet the criteria for TDIU as his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
The deciding factor: The audiometric test results show that the Veteran's hearing in both ears is no more than Level II, which corresponds to a noncompensable rating under the applicable VA criteria.,The Veteran’s HNP of the lumbar spine does not meet the criteria for an increased rating as his incapacitating episodes have a total duration of less than 6 weeks during the past 12 months. The current range of motion is within the limits that warrant a 20 percent rating under the applicable VA criteria.,The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
- Claimed conditions
- Bilateral Hearing Loss, Herniated Nucleus Pulposus (HNP) of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20075050
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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