The Board denied the veteran's claims for increased ratings for a low back disability, post-surgical spinal fusion scar, and left ear hearing loss.
The deciding factor: The evidence did not show that the Veteran had forward flexion of the lumbar spine of 30 degrees or less, ankylosis of the spine, incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months for the low back disability; no painful, unstable, or greater than 39 square centimeters post-surgical spinal fusion scar; and no compensable level of hearing loss in the left ear.
- Claimed conditions
- Low back disability, Post-surgical spinal fusion scar, Left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064408
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.
- 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.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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