The Veteran's claims for increased ratings and service connection were denied. The low back disability was rated at 40 percent prior to August 11, 2015, and 60 percent from that date forward.
The deciding factor: The evidence did not show ankylosis of the thoracolumbar spine or incapacitating episodes as defined by VA during any portion of the appeal period. The Veteran's symptoms were consistent with a 40 percent rating for his low back disability and a compensable rating for hypertension.
- Claimed conditions
- Asthma, Residuals of a lower abdominal muscle or groin tear disability, Left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 9, 2018
- Citation
- 1801476
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 1801476.
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 Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Denied
The Board has determined that the Veteran's left ear hearing loss disability does not meet or approximate criteria for a compensable (10%) disability rating at any point during the appeal period.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
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