The Veteran's claim for an increased rating for his lumbar spine disability was denied. The Board found that the evidence did not support a higher rating based on functional loss due to pain or other factors. For the right ear hearing loss issue, the claim was denied as new and material evidence had not been received within one year of the final denial in 1989.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating under any applicable diagnostic code due to functional limitations. For his right ear hearing loss, no new and material evidence was submitted within the required timeframe.
- Claimed conditions
- lumbar spine degenerative disc disease and degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2017
- Citation
- 1761018
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 1761018.
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.
- Denied
The Board denied the appeal for restoration of a 40 percent rating for lumbar spine degenerative disc disease and degenerative joint disease, finding that the evidence did not support an increase in the disability rating. The Board also remanded the claim for service connection for a right knee condition due to a pre-decisional duty to assist error.
- Denied
The appeal for a compensable rating for left knee degenerative joint disease (extension) was denied, and the appeal regarding the proposed reduction in the evaluation of lumbar spine degenerative disc disease and degenerative joint disease was dismissed.
- Dismissed
The Veteran's appeal has been dismissed as he withdrew his appeals for all remaining issues.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining relevant VA treatment records and attempting to obtain Fort Sill Army Community Hospital records. The Veteran is also required to undergo a VA examination to determine the nature and etiology of his right knee and lumbar spine disorders.
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