Back / lumbar spine decisions — 2014

The Veteran's claims for increased ratings for his service-connected cervical spine strain and degenerative arthritis of the lumbar spine are being remanded. His claim for an increased rating for migraine headaches is also being remanded, but he must first perfect his appeal by filing a Substantive Appeal.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his right index finger fracture. The TDIU claim will also be addressed during this process.

The Board has determined that the Veteran does not meet the criteria for service connection for bilateral hearing loss or tinnitus due to lack of evidence showing a nexus between current conditions and in-service noise exposure. Service connection was also denied for a lumbar spine disorder, as there is no evidence of a chronic disability during service or within one year post-service.

The Veteran's claims for increased ratings were denied. The Board found that the maximum schedular evaluation of 10 percent was assigned for tinnitus and there is no provision for separate evaluations for bilateral tinnitus.

The Veteran's service-connected lumbar strain was granted an increased rating to 20 percent, and the initial ratings for left and right lower extremity radiculopathy were also granted.

The Veteran's claim for a rating in excess of 10 percent for thoracolumbar scoliosis was denied as the evidence did not show that his disability warranted such an increase.

The Board denied the Veteran's claims for service connection for a left foot disability and a low back disability, finding that there was no evidence of a current disability related to his active duty service.

The Board has remanded the case due to the need for additional development, including obtaining VA examination reports.

The Veteran's service-connected low back strain is currently rated at 20 percent, and the Board finds that a higher evaluation is not warranted.

The Veteran's claim for a higher initial rating for his lumbosacral strain with degenerative disc disease was denied. The disability is currently rated at 40 percent, and the Board found that it did not meet the criteria for a higher rating based on the severity of the condition.

The Board found no evidence of a low back disability during service and denied the claim for service connection, concluding that the current condition is not related to military service or any service-connected conditions.

The Board has remanded the case to the AOJ for development consistent with the Memorandum decision. The Veteran's claim is reopened due to new and material evidence, but further development is needed before a final determination can be made.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination. The case will be referred back to the Director of Compensation and Pension Service for extraschedular consideration.

The Board has remanded the case due to insufficient opinion regarding aggravation of pre-existing back pain during service.

The Veteran's initial compensable rating for cervical spine DDD prior to April 4, 2014 is denied. From that date forward, a higher than 20 percent rating is also denied.

The Board found that the Veteran's effective date for a TDIU should not be prior to August 30, 2004 due to the March 17, 2008 rating decision being invalid and not signed by a rating specialist.

The Board has determined that the Veteran's low back and cervical spine disorders are not related to his active service, as there is no evidence of a chronic condition in service or within one year thereafter. The claims for service connection have been denied.

The Veteran's claims for increased ratings were denied. The RO found that the Veteran's right and left knee disabilities did not meet the criteria for higher ratings prior to March 1, 2012, but granted separate 10 percent ratings for instability since that date.

The Veteran's appeal for service connection for a back disorder has been dismissed as the appellant withdrew the appeal prior to the Board's decision.

The Board found that the Veteran's current low back condition is not linked to service and denied his claim for service connection.