The Board granted a 20 percent rating for degenerative disc disease of the lumbar spine and remanded several other issues related to service connection and increased ratings.
The deciding factor: The Veteran's pain and corresponding functional impairment, including during flare-ups, more nearly approximated forward flexion greater than 30 degrees but not greater than 60 degrees throughout the appeal period.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Bilateral Hearing Loss, Sleep Apnea, Gastroesophageal Reflux Disease (GERD), Degenerative Disc Disease of the Cervical Spine, Bilateral Plantar Fasciitis, Bilateral Pes Planus, Tinea Pedis, Erectile Dysfunction, Secondary to Service-Connected PTSD, Allergic Rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 31, 2024
- Citation
- 24004809
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.
- Partly granted
The Board denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
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