The Veteran's claim for service connection for a traumatic brain injury is denied as the evidence does not support a finding that he had such an injury during his active service.,The Veteran's lumbar spine disability, rated at 40 percent prior to August 19, 2014, and 20 percent thereafter, is remanded for further development due to inconsistencies in the medical records regarding the nature of the injuries sustained during service.,The Veteran's right lower extremity radiculopathy is granted a higher rating of 40 percent from November 8, 2019, but his left lower extremity radiculopathy remains at 40 percent. Both conditions are remanded for further development.,The Veteran's bilateral hearing loss claim is also remanded as the evidence does not meet the criteria for a higher rating.

The deciding factor: The preponderance of the evidence does not support a finding that the Veteran had a traumatic brain injury during his active service. The inconsistencies in the medical records regarding the nature and timing of head injuries make it difficult to establish a connection between any diagnosed TBI and service.,There are inconsistencies in the medical records regarding the nature of the lumbar spine injuries sustained during service, making it unclear whether they meet the criteria for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating IVDS Based on Incapacitating Episodes.,The Veteran's right lower extremity radiculopathy is granted a higher rating due to new evidence showing more severe symptoms, but his left lower extremity radiculopathy remains at 40 percent. The remand is necessary to further develop the record and determine if additional factors warrant an increased rating.,The Veteran's bilateral hearing loss claim is remanded as there are no clear indications of worsening or new evidence that would support a higher rating.

Claimed conditions

residuals of a traumatic brain injury, osteoarthritis/degenerative arthritis of the lumbar spine, right lower extremity radiculopathy, left lower extremity radiculopathy, bilateral hearing loss

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

October 8, 2021

Citation

21062587

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 21062587.