Back / lumbar spine decisions — 2014

The Board has determined that there is no new and material evidence to reopen the claims for service connection for a low back disorder, bilateral leg numbness, bilateral foot disorder, or generalized arthritis/bone disease. The Veteran's claims were previously denied in December 2007 due to lack of new and material evidence.

The Veteran's service-connected bilateral shoulder strain and lumbosacral strain have been evaluated, but the claims for increased ratings are denied as there is no evidence of additional functional impairment or other factors warranting higher evaluations.

The Board has denied the Veteran's claims for service connection for low back, psychiatric, right hip, and right knee disabilities due to lack of evidence supporting these claims.

The Veteran's claims for increased evaluations for low back strain and right knee strain are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board has granted service connection for a low back disorder, finding that the Veteran's preexisting condition was aggravated by active military service. The issue of Parkinson's disease is remanded to the RO.

The Veteran's claims for increased rating and TDIU have been remanded due to the need for additional development, including obtaining VA treatment records and a medical examination.

The Board found that the April 2007 rating decision denying service connection for a low back injury did not involve clear and unmistakable error.

The Board found no evidence of a chronic low back disability in service and concluded that the current condition is not related to military service.

The Board has remanded the Veteran's claims due to inadequate VA medical opinions and an insufficient statement of reasons or bases in denying service connection for a low back disorder and an increased evaluation for bilateral pes planus. The case is now before the Board for further development.

The Veteran's claims for service connection of a right knee disability and low back disability are being remanded due to the need for additional development, including obtaining medical records and an examination.

The Veteran's lumbosacral strain and degenerative disc disease were found to not warrant a rating higher than 20 percent before December 2, 2013. From December 2, 2013, the criteria for a higher rating are not met.

The Veteran's back disability is currently rated at 40 percent, the maximum schedular rating available under Diagnostic Code 5242 for degenerative arthritis of the spine. The appeal has been denied as his condition does not meet or approximate the criteria for a higher rating.

The Board has withdrawn the Veteran's appeal for service connection of a low back disability. The claims for increased ratings for left shoulder DJD are denied.

The Veteran's bladder hyperactivity is rated at 40 percent, and she meets the criteria for a TDIU based on her service-connected disabilities.

The Veteran's claim for increased ratings for lumbosacral back strain was denied as the evidence did not show that he met the criteria for higher disability ratings under the General Rating Formula.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and providing the Veteran with a VA examination to determine the etiology of his hearing loss disability, tinnitus, and low back disability. The claim will be readjudicated after this development.

The Board has determined that the Veteran's tinnitus, bilateral hearing loss, and degenerative joint disease (low back pain) are all service-connected. The decision is based on direct evidence of a link between each condition and service.

The Veteran's claims for increased disability rating and service connection are being remanded due to the need for additional medical examinations, as well as the submission of new evidence regarding his lumbar spine disability.

The Board found no evidence of an in-service injury or disease that could be linked to the Veteran's current lumbar and cervical spine disabilities, and thus denied service connection for these conditions.

The Board has remanded the Veteran's claims due to additional development being needed, including obtaining treatment records and scheduling a VA psychiatric examination.