The Board granted restoration of the 40 percent rating for bilateral hearing loss and denied increased ratings for other conditions, as well as a TDIU.
The deciding factor: The reduction in the Veteran's rating for his service-connected bilateral hearing loss was improper due to lack of consideration of required regulatory provisions and denial of due process.
- Claimed conditions
- Bilateral hearing loss, Lumbar spine degenerative disc disease status post lumbar fusion with intervertebral disc syndrome, Right lower extremity radiculopathy, sciatic nerve, Left lower extremity radiculopathy, sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2022
- Citation
- 22001163
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.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
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