The Board denied an earlier effective date for the award of a 40 percent rating for IVDS, dismissed the appeal for an earlier effective date for the grant of service connection for left second toe scar, and denied compensable ratings for erectile dysfunction and in excess of 40 percent for IVDS. However, it granted a 10 percent rating for status post left second toe postoperative with residual scar, TDIU due to service-connected disabilities, new and material evidence having been received to reopen the claims for bilateral hip disability and PTSD, and new and material evidence having been received to reopen the claim for right ear hearing loss.
The deciding factor: The decision was based on the lack of evidence showing worsening within a year of the October 2016 claim for IVDS, the absence of deformity or other symptoms associated with erectile dysfunction, and the presence of moderate wholly sensory symptoms of femoral nerve radiculopathy in the left lower extremity.
- Claimed conditions
- Intervertebral disc syndrome (IVDS), lumbar spine, Erectile dysfunction, Left second toe scar, Bilateral hip disability, Posttraumatic stress disorder (PTSD), Joint condition, Dental condition, Right ear hearing loss
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 26, 2024
- Citation
- 24003993
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 service connection for PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.