The Veteran's claims of increased ratings and effective dates for service-connected conditions have been denied. The claim for an earlier effective date for the grant of service connection for radiculopathy of the left and right lower extremities has also been denied.
The deciding factor: The evidence does not show that the Veteran’s back disability is manifested by unfavorable ankylosis or IVDS with incapacitating episodes having a total duration of at least six weeks during the past 12 months, which are required for a higher rating under DC 5237.
- Claimed conditions
- radiculopathy of the left lower extremity, radiculopathy of the right lower extremity, back disability, acquired psychiatric disorder (claimed as depression and bipolar disorder), neck disorder, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 2, 2020
- Citation
- 20076579
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 20076579.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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