The Board granted service connection for degenerative joint disease and degenerative disc disease of the lumbar spine, vacated a previous decision that denied service connection for a back disorder and an ear disorder other than bilateral hearing loss and tinnitus, and dismissed the appeal pertaining to the issue of entitlement to service connection for an ear disorder other than bilateral hearing loss and tinnitus.
The deciding factor: The Board found that the evidence was in relative equipoise as to whether the Veteran's current back disorder is related to her military service, resolving all doubt in favor of the Veteran.
- Claimed conditions
- Degenerative joint disease and degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 24, 2024
- Citation
- 24003518
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.
- Granted
The Board granted restoration of a 20 percent rating for the Veteran's lumbar spine disability, effective May 6, 2024.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative joint disease and degenerative disc disease of the lumbar spine, an effective date earlier than January 26, 2021, for a 60 percent rating for left lower extremity radiculopathy (sciatic nerve), and an initial compensable rating for scar, status post laminectomy.
- Denied
The Board denied an initial rating higher than 10 percent for degenerative joint disease and degenerative disc disease of the cervical spine, and denied an initial compensable rating before July 18, 2006, and an initial rating higher than 10 percent from July 18, 2006, for degenerative joint disease and degenerative disc disease of the lumbar spine.
- Partly granted
The veteran's degenerative joint disease and degenerative disc disease of the lumbar spine did not meet criteria for a rating in excess of 40 percent, but he was granted a separate 10 percent rating for incomplete paralysis of peroneal nerve of the left lower leg.
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