Back / lumbar spine decisions — 2014

The Board has vacated its March 2012 decision and remanded the case for additional development, including scheduling a travel board hearing.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's lumbar spine disability or bilateral knee disability, and thus these claims are denied.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection of his cervical spine, lumbar spine, right hip and right knee disabilities. This includes obtaining updated VA treatment records and arranging for a comprehensive orthopedic examination.

The Board has remanded the case due to missing SSA records and other issues. The Veteran's claims for service connection for an acquired psychiatric disorder and reopening of a back disorder claim are pending.

The Veteran's degenerative disc changes at L5-S1, status post lumbar fusion have been rated as 40 percent disabling.

The Veteran's right ear hearing loss is found to be related to service, while his left ear hearing loss does not meet the criteria for VA compensation purposes. The Board has granted service connection for right ear hearing loss and denied service connection for left ear hearing loss. For the lumbar spine disability, the Board has determined that a rating in excess of 10 percent is not warranted.

The Board has reopened the Veteran's claim for service connection of a low back condition due to new and material evidence. However, as further development is needed prior to adjudication, the case is REMANDED to the Agency of Original Jurisdiction (AOJ).

The appeal is being remanded due to the need for additional medical examination and review of submitted evidence. The Veteran's claim for service connection for a lumbar spine disorder will be reconsidered.

The Board has determined that the Veteran's lumbar spine disorder is related to his military service and grants service connection for this condition. The issue of tinnitus remains pending as it was not addressed in the decision.

The Veteran's bilateral pes planus warrants a staged rating of 30 percent from November 17, 2008 to December 5, 2011 and a 50 percent rating since then. The Veteran's low back strain is denied as the evidence does not support an increased rating.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The appeal will be reconsidered after these actions.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected lumbar spine disability, as his last VA examination was in January 2010.

The Board found that the Veteran does not have a current low back disorder and denied service connection for a low back disorder. The claim for an increased rating for left shoulder disability was also denied.

The Veteran's claims for increased disability rating and service connection for TBI are being remanded due to the need for additional examinations and consideration of his assertions.

The Veteran's claims for service connection for obstructive sleep apnea and lumbosacral/thoracic strain are being remanded due to insufficient medical opinions regarding the etiology of these conditions. The VA will provide new examinations and consider all evidence, including lay testimony.

The Board found that a low back condition and left and right knee arthritis were not incurred in or aggravated by active service, and service connection for these conditions could not be presumed. The Veteran's current conditions are attributed to his normal aging process.

The Board found that the Veteran's chronic low back disability did not have its onset during active military service and denied her claim for service connection.

The Board has remanded the case due to the need for an opinion regarding whether the Veteran's claimed disabilities are aggravated by his service-connected left ankle disability, and to obtain Social Security Administration records potentially relevant to the issues before the Board.

The Veteran's claims for increased evaluations for his cervical and thoracic spine disabilities, as well as a separate evaluation for left upper radicular nerve group paralysis, were denied. The evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Veteran's back disability was found to have limited motion, but not severe enough for a higher rating. The current ratings of 10 and 20 percent are appropriate.