Back / lumbar spine decisions — 2014

The Board found that the Veteran's claimed low back, left shoulder, and left hand disabilities were not related to service and denied his claims.

The Veteran's claim for an initial rating in excess of 10 percent for a lumbar strain (claimed as lower back recurrent pain) is being remanded due to the need for additional examination and development.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting a current examination. The issues of entitlement to initial disability ratings in excess of 10 percent for disc protrusion of the lumbar spine and impingement and thoracic outlet syndrome of the right shoulder will be addressed.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disability. The Veteran's current low back disability is found to be related to his period of active duty in Korea, where he was injured during combat operations.

The Board has determined that the Veteran's Ehlers-Danlos syndrome, diagnosed as left knee, right ankle, left ankle, bilateral hip, back, bilateral shoulder, bilateral elbow, bilateral wrist, and right knee disabilities, was aggravated beyond its natural course during his active duty.

The Veteran's service-connected lumbosacral strain has been granted an initial rating of 20 percent, effective from September 1, 2010. Additionally, a separate rating for left lower extremity radiculopathy affecting the femoral nerve is warranted.

The Board has remanded the case for additional development, including obtaining medical records and corroborating service dates. The Veteran's claims are now on a secondary service connection theory.

The Board has remanded the Veteran's claims for additional development due to conflicting medical opinions regarding his hypertension, and issues with obtaining private treatment records.

The Veteran's appeals for service connection for a lumbar spine disorder and increased ratings for tinnitus and PTSD have been withdrawn. The remaining issues of TDIU are addressed in the REMAND portion.

The Veteran's tinnitus is found to be due to his period of active military service.,Service connection for a lumbar spine disability, including as secondary to the service-connected bilateral knee and ankle disabilities, is denied. The Board finds that the preponderance of evidence does not establish a link between the current condition and the service-connected conditions.

The Board has remanded the case to the AOJ for further proceedings consistent with a Joint Motion for Remand (JMR). The issues of service connection for back and cervical spine disabilities are being addressed.

The Board found no evidence of a right knee disability during service or within one year after separation, and the Veteran did not report any symptoms until many years post-service. The claim for bilateral hearing loss was denied as there is no evidence of chronic hearing impairment within one year of separation from service.,The Veteran's lumbar spine disability has been rated based on its current manifestations.

The Veteran's low back disability did not meet the criteria for a higher rating prior to October 17, 2014, and after that date it has not resulted in forward flexion of the thoracolumbar spine of 30 degrees or less.

The Board has remanded the case due to a change in hearing officer and requested another Travel Board hearing. The Veteran's claims for service connection for low back condition and lungs/pneumonia are still pending.

The Board denied the Veteran's claims for increased ratings and earlier effective dates, as well as his claim for a TDIU prior to May 19, 2011.

The Board has remanded the Veteran's claims due to incomplete records and need for further development, including obtaining in-service treatment records and a VA neuropsychological evaluation.

The Board found no current evidence linking the Veteran's back disorder to service or a service-connected disability, and thus denied his claim for service connection.

The Veteran's low back disorder is not service-connected, and his right knee disability does not warrant a higher rating or TDIU.

The Board has determined that a low back disability was not incurred in or aggravated by service, and is not related to a service-connected condition. The Veteran's current low back disability may be due to a 1985 fall from a submarine while serving as a civilian.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of her service-connected low back disability, including any related neurological manifestations and incapacitating episodes.