The Veteran's service connection claims for bilateral hearing loss, cervical strain, thoracic and lumbar strain with IVDS, sciatic radiculopathy of the left lower extremity, right carpal tunnel syndrome, and bipolar disorder with anxiety disorder have all been denied. The appeal is remanded for further development regarding service connection for tendonitis, bilateral pes planus, and total disability rating based on individual unemployability.
The deciding factor: The Veteran's hearing loss does not meet the criteria for a current disability as defined by VA regulations. His cervical strain has forward flexion between 30 to 40 degrees with no findings of ankylosis or incapacitating episodes. The thoracic and lumbar strain with IVDS do not result in limitation of motion meeting the criteria for higher ratings. The sciatic radiculopathy prior to May 9, 2022, is rated as mild, while from that date onward it is rated as moderate. The right carpal tunnel syndrome has been rated at 10 percent. The service-connected acquired psychiatric disorder does not meet the criteria for total occupational and social impairment.
- Claimed conditions
- Bilateral Hearing Loss, Cervical Spine Strain, Thoracic and Lumbar Spine Strain with IVDS (Intervertebral Disc Syndrome), Sciatic Radiculopathy of the Left Lower Extremity, Right Carpal Tunnel Syndrome, Bipolar Disorder with Anxiety Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2022
- Citation
- 22063775
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 22063775.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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