Back / lumbar spine decisions — 2013

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a back disorder. The case will be returned to the RO for further action.

The Board has remanded the case for another VA examination to determine if the Veteran's low back disability is related to his in-service injury, and to provide a rationale for any opinion expressed.

The Board has remanded the case for additional development, including obtaining VA treatment records from the Fayetteville VAMC and providing a medical opinion regarding the nature and etiology of any current low back disorder.

The Board found that the Veteran's current back disorder is not service-connected and denied his claim for a higher evaluation for residuals of spinal meningitis.

The Board has remanded the Veteran's claim for an increased rating for his lumbar spine disorder due to inadequate examination and failure to account for relevant post-service medical records from the Miami VAMC.

The VA determined that the Veteran's low back disability did not manifest during service and is not related to his in-service injury, thus denying his claim for service connection.

The Board denied the Veteran's claims for service connection for a low back disability, bilateral hearing loss, and tinnitus. The examiner found no evidence of in-service injury or disease related to these conditions.

The Board has determined that additional examinations are needed to clarify the nature and etiology of the Veteran's right hip and low back disabilities, as well as the severity of his service-connected left knee and left hip disabilities. The claims will be remanded for these purposes.

The Board denied an extraschedular rating in excess of 50 percent for the Veteran's service-connected back disability, finding that his condition alone did not result in more than moderate impairment of his earning capacity.

The Veteran's claims for vision problems, basal cell carcinoma, left elbow disability, and digestive problems were denied as they are not service-connected. The Board found that the current conditions do not have a direct link to service.

The Veteran's cervical spine disability is currently rated at 30 percent, and the Board has determined that a higher evaluation is not warranted.

The Veteran's service-connected disabilities do not meet the schedular or extraschedular criteria for a TDIU rating, and his claim is denied.

The Board found no evidence to support a claim that the Veteran's current back disability is related to his active service, and thus denied the claim.

The Board found no evidence linking the Veteran's current right shoulder, back, prostate, or head trauma disabilities to his military service. The preponderance of the evidence is against these claims.

The Board denied the Veteran's claims for service connection for left ankle disability, bilateral lower extremity disability, low back disability, and psychiatric disability. The evidence did not support a finding of chronic conditions related to service.

The Board finds that the Veteran's low back disorder, including lumbar degenerative disc disease with bilateral lower extremity polyradiculopathy (L5,S1), and lumbar spinal stenosis with radiculopathy, was not incurred in or aggravated by service or any period of ACDUTRA or INACDUTRA. The Board concludes that the Veteran's current low back condition is more likely related to his post-service work-related injuries.

The Board denied service connection for a low back disability and a skin disorder, finding that the Veteran did not have continuous symptoms of these conditions after service or any evidence linking them to active service.

The Veteran's service-connected disabilities, including PTSD, traumatic degenerative joint disease of the right 5th metatarsal, low back injury with compression fracture of L1, pleural plaques, and hemorrhoids, have prevented him from securing or maintaining substantially gainful employment.

The Veteran's service-connected disabilities combine to a total rating of 60%, which is not sufficient for TDIU. The VA examiners concluded that the Veteran is still able to secure and maintain substantially gainful employment despite his limitations.

The Veteran's appeal is being remanded to the RO for a Board video-conference hearing and clarification of his current representative. The issues are whether new and material evidence has been received to reopen a claim for service connection for bilateral knee disability, and entitlement to service connection for low back disability.