Back / lumbar spine decisions — 2014

The Veteran's claim for an increased rating for his service-connected lumbar spine degenerative disc disease is being remanded due to the need for a more contemporaneous examination and additional VA records.

The Veteran's claim for an increased rating for degenerative joint disease, lumbar spine is being remanded due to the need for a new VA examination and further development of the record.

The Board has restored a 40 percent rating for the Veteran's service-connected lumbosacral spine degenerative disc disease and degenerative joint disease, with bilateral lower extremity radiculopathy from the effective date of the reduction.

The Veteran's appeal was denied for service connection for PTSD and for increased ratings for his depressive disorder, lumbar strain with radiculitis, right tibia and fibula fracture residuals, and recurrent lumbar strain. The issue of TDIU is also pending.

The Veteran's lumbosacral spine disability is rated at 40 percent, effective February 26, 2008. The rating period from September 17, 2012, forward, the Veteran's right lower extremity radiculopathy and right ankle disability are each rated at 20 percent.

The Board has determined that the Veteran does not have a current low back disability, left hip disability, or lower jaw scar that is related to his active military service. The evidence shows no chronicity of symptoms since service and no medical findings linking these conditions to service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for bilateral hearing loss, cervical spine disabilities, and lumbar spine disabilities. The claims are therefore denied.

The Veteran's appeal for a higher initial rating for radiculopathy of the left lower extremity was dismissed as he withdrew his appeal during his May 2014 Board hearing.

The Board determined that the Veteran does not have any neurological abnormalities associated with his service-connected back disability and therefore, a separate compensable rating is not warranted.

The Veteran's appeal is for an increased rating for his service-connected thoracolumbar spine disability. The RO has previously assigned a 20 percent rating, and the Veteran seeks a higher rating.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a spine disability due to lack of current disabilities as defined by VA regulations.

The Board found that the Veteran's back disability was not incurred in or aggravated by service, but his tinnitus was incurred in active service.

The Veteran does not have a current diagnosis of any of the claimed conditions.,As such, the Board finds that service connection for low back disability, bilateral knee disability, and left ankle disability is denied.

The Board has reopened the Veteran's claims for service connection for low back and neck disabilities, but denied reopening of his claim for service connection for a neck disability due to lack of evidence related to it. The case is remanded for further development.

The Board found no evidence of a low back disability or arthritis in service, and the Veteran's current diagnoses are not otherwise shown to be associated with service. Therefore, the claim for service connection for a low back disability was denied.

The Veteran's appeal is being remanded due to the need for additional private treatment records and compliance with VA procedures.

The Board found that the appellant's current back, shoulder, foot, and hand disabilities did not manifest during his periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA), and are not etiologically related to service. As such, service connection was denied.

The Veteran's appeal is being remanded for a comprehensive examination of his thoracolumbar spine to determine the severity of his service-connected lumbosacral strain.

The Veteran's claims for increased disability ratings were denied. The Board found that the reductions in rating were proper and that the criteria for higher ratings had not been met.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no relationship between his current disability and his military service.