The Veteran's claims for increased ratings for bilateral hearing loss and degenerative disc disease of the lumbar spine were denied. The Board found that the Veteran does not have ankylosis of his lumbar spine, and thus cannot meet the criteria for a disability rating in excess of 40 percent.
The deciding factor: The VA examinations did not find evidence of unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher disability rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Bilateral Hearing Loss, Degenerative Disc Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2023
- Citation
- 23045829
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 23045829.
What this means for you
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What you can do next
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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