Back / lumbar spine decisions — 2013

The Veteran's claim for service connection for degenerative changes, lumbar spine, status post lumbar laminectomy with instrumentation has been granted. The Board also found that the Veteran meets the threshold disability rating requirements for a TDIU due to his service-connected disabilities.

The Veteran's service connection claims for bilateral hearing loss, pes planus with plantar fasciitis, cervical strain, lumbar strain, right shoulder acromioclavicular joint hypertrophy and strain (major), and left shoulder strain (minor) were denied as there is no current evidence of a bilateral hearing loss disability as defined by VA regulations. The Veteran's service treatment records show exposure to noise during service but do not indicate the presence of a current bilateral hearing loss disability.

The Veteran's claim for a rating in excess of 40 percent for lumbar fibromyositis with mechanical low back pain has been denied. The current disability is rated at the maximum available under the applicable diagnostic code, and there are no provisions that allow for an increased rating based on functional loss due to pain or other factors.

The Veteran's claim for an initial rating in excess of 10 percent for low back strain with L4 defect is being remanded due to the need for a VA examination and additional development.

The appeal has been withdrawn by the appellant through his authorized representative.

The Veteran's claim for service connection for gastritis was granted, and he is now entitled to this benefit. The claims for an increased rating for lumbosacral strain with lumbar fracture and for service connection for a right rib disability are still pending.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claims for service connection for low back and neck disorders.

The Veteran's appeal is remanded due to the need for additional VA examination and updated medical records.

The Board has remanded the case for further development and review, including securing SSA medical records and scheduling a VA orthopedic examination to determine if the Veteran's back disability or right ankle disability is caused or aggravated by his service-connected left ankle disability.

The Board has determined that additional development is necessary before the claims for service connection can be decided. The Veteran's lower back disability and bilateral leg cramps are both at issue, and an examination is needed to determine their etiology.

The Veteran's right thigh myositis ossificans and right knee osteoarthritis were granted initial evaluations in excess of the assigned ratings. Service connection was established for hyperlipidemia, hypercholesterolemia, erectile dysfunction, benign prostatic hypertrophy with urinary obstruction, and hypertension.

The Board has determined that the VA examination report is inadequate and another examination is necessary to determine if the Veteran's current low back condition had onset in service or is otherwise related to his military service. The claim will be remanded for this purpose.

The Board has remanded the case for further development, including obtaining a new examination of the left knee disability and an opinion on whether the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of the current disability ratings for his service-connected conditions.

The Veteran's claims for a higher rating for his lumbar spine disability and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board found that there is no medical evidence linking the Veteran's lumbar spine disorder to his service-connected bunionectomies of the right and left feet, thus denying secondary service connection.

The Veteran's claim for service connection for low back pain with multiple level DDD and bilateral foraminal stenosis has been fully granted by the RO in a December 2012 rating decision, making this issue moot.

The Veteran's appeal is being remanded for additional development to verify the nature of his service in July 1997 and to obtain a clarifying addendum opinion from the May 2013 VA examiner regarding the meaning of 'similar episodes in the past'.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found no evidence of a chronic right hip, left hip, or low back disorder during service or within one year thereafter. The Veteran's current diagnoses are not shown to be causally related to his in-service injury and the examiner determined that the continuity of symptoms is not credible.