Back / lumbar spine decisions — 2014

The Board finds that the Veteran does not have a low back disability that is related to service and therefore, denied his claim for service connection. The claims of secondary service connection for left hip, knee, and leg disabilities are also denied.

The Veteran's claims for higher initial disability ratings for his cervical spine, low back, and right shoulder disabilities were denied. The appeals are based on the criteria set forth in VA's Schedule for Rating Disabilities.

The Board found that the Veteran's current back and knee disorders are not related to service, and arthritis was not shown within one year of separation from active duty. Therefore, service connection for these conditions cannot be granted.

The Veteran's service-connected disabilities, particularly his low back and right knee conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he is entitled to a TDIU on an extra-schedular basis.

The Veteran's claim for service connection for a low back disability and initial compensable rating for malaria is being remanded due to the need for additional development, including obtaining updated medical records and providing an opinion regarding the relationship between any diagnosed condition and military service.

The Veteran's left shoulder disability is related to active service and he has been granted service connection. The claim for a higher initial disability rating for the lumbar spine fusion disability is pending, as are issues regarding TDIU.

The Board has reopened the claim and granted service connection for a low back disability, finding that it is related to service due to aggravation of pre-existing scoliosis.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of a nexus between the claimed disabilities and his military service.

The Veteran's service-connected disabilities are rated as 70 percent disabling (combined), including a 50 percent rating for OSA, and preclude him from securing or following substantially gainful employment consistent with his education and employment background. Therefore, the claim for TDIU is granted.

The Board denied service connection for bilateral hearing loss, an acquired psychiatric disability (including PTSD, generalized anxiety disorder, bipolar disorder, and major depressive disorder), diabetes mellitus type II, tachycardia, atrioventricular nodal re-entry, and degenerative arthrosis of the lumbar spine. The evidence did not support a finding that these conditions were related to service or any other compensable exposure.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claims for service connection for tinnitus, bilateral hearing loss, and a back disorder are being reviewed.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's current back disability is related to service. The VA will seek additional information from the Veteran and obtain any SSA records that may contain a medical opinion linking his disability to service.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disorders, as well as hallux valgus with bursitis of the right foot. The evidence does not support a finding that these conditions are related to military service.

The Veteran's claims for hearing loss and back disabilities have been reopened. The case is being remanded to obtain additional medical evidence and to schedule the Veteran for VA examinations.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a lumbar strain, as the additional evidence does not raise a reasonable possibility of substantiating the claim.

The Veteran's lumbar spine disability, including osteoarthritis, spondylosis, facet arthropathy, and sacrioilitis, was incurred in service. Service connection for bilateral lower extremity neuropathy is not granted.

The Veteran is granted an annual clothing allowance for the 2011 calendar year due to her service-connected lumbosacral strain, which requires a back brace that causes wear and tear on her outer garments.

The Veteran's appeal is being remanded for a Board video conference hearing. The specific issues of rating claims and service connection are not addressed as the appeal is in process.

The Veteran's appeal is remanded due to the need for additional examinations and records, particularly related to his service-connected back disability. The case will be reconsidered after these are obtained.

The Veteran's lumbar spine disability has been rated at 20 percent since April 14, 2008. The Board finds that the evidence is in equipoise as to whether his condition more nearly approximates a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.