The Board denied a rating in excess of 60 percent for the lumbar spine disability, denied a compensable rating for right ear hearing loss, granted service connection for left ear hearing loss, and denied service connection for right knee, left knee, and cervical spine disorders.
The deciding factor: The decision was based on the lack of evidence showing ankylosis or ankylosis-like limitation in the lumbar spine, no worse than Level I hearing acuity in the right ear, continuous symptoms of left ear hearing loss since service separation, and no evidence linking the knee and cervical spine disorders to service or a service-connected disability.
- Claimed conditions
- status/post laminectomy L5-S1 with DJD and bilateral lumbar radiculopathies, right ear hearing loss, left ear hearing loss, cervical spine disorder (arthritis), bilateral knee disorders (osteoarthritis)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2022
- Citation
- 22000892
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
- Granted
The Board granted service connection for right ear hearing loss, resolving reasonable doubt in the Veteran's favor based on a finding of etiological relation to in-service noise exposure.
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