The Veteran's increased rating claim for his lumbar spine disability is denied as the evidence does not support a higher evaluation. The right ear hearing loss claim is rated at noncompensable and there are no incapacitating episodes to warrant a higher rating under the IVDS criteria. TDIU claim remains on appeal.
The deciding factor: The Veteran's low back disability was previously rated at 20 percent, which has been increased to 40 percent effective August 25, 2016. The evidence does not support an increase in rating beyond the current 40 percent for this condition. For his right ear hearing loss, a noncompensable evaluation is assigned as there are no incapacitating episodes of IVDS. TDIU claim remains pending.
- Claimed conditions
- lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 29, 2017
- Citation
- 1735704
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 1735704.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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