Back / lumbar spine decisions — 2014

The Veteran's claim for higher ratings for degenerative disc disease of the lumbar spine before May 19, 2012 and before July 29, 2013 was denied. The claim for a total disability rating based on individual unemployability on an extraschedular basis before July 29, 2013 is also denied.,The Veteran's claim for an initial rating higher than 50 percent for degenerative disc disease of the lumbar spine from July 29, 2013 was not addressed as it has been rated separately under a different diagnostic code.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 40 percent for lumbar disc disease, or for an increased rating for GERD prior to July 6, 2011, and for right and left lumbar radiculopathy from July 31, 2008 to July 6, 2011. The Veteran's claim for a higher rating for GERD since July 6, 2011 was also denied.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if the Veteran's low back, left knee, and left ankle disabilities are related to service.

The Veteran's appeal is being remanded due to outstanding medical records and the need for new VA examinations. The issues include service connection for lumbar strain, bilateral lower extremity neuropathy, a psychiatric disorder, right knee patellar enthesopathy, left knee chondromalacia patella, and TDIU.

The Board has remanded the case due to scheduling issues, and a new hearing will be arranged for the Veteran.

The Board found that the Veteran's back disorder did not have its clinical onset in service and is not otherwise related to active duty. Spinal arthritis was also not exhibited within the first post-service year.

The Board has determined that the Veteran does not have current diagnoses of a right shoulder disability, low back disability, or bilateral hand disability. The claim for major depressive disorder is remanded as it requires further examination and opinion.

The Board denied the Veteran's petition to reopen his claim for service connection for degenerative disc disease of the lumbar spine, status post laminectomy due to lack of new and material evidence.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and an addendum opinion from the November 2010 examiner regarding the Veteran's diagnosed scoliosis.

The Board has ordered a remand to obtain an addendum opinion from the February 2012 VA examiner regarding whether it is more likely than not that the Veteran's current back disorder is related to active service. The case will be returned for further adjudication.

The Veteran's claim for service connection for a chronic low back disability, including L5-S1 grade 1 anterior spondylolisthesis causing moderate bilateral neural foraminal narrowing, is denied as there is no evidence of a chronic condition during service and the VA examiner found that his current condition was less likely than not incurred in or caused by an in-service injury.

The Veteran's claim for a higher rating for his degenerative disc disease of the cervical spine was denied. The current evaluation is 20 percent, effective January 6, 2012.

The Board has determined that the Veteran's current low back disorder, diagnosed as degenerative disc disease, was not incurred in or aggravated by military service and may not be presumed to have been incurred in service. The preponderance of evidence fails to establish a chronic left knee disorder present during active military service and there is no competent and credible evidence relating it to an established event, injury, or disease during military service. Similarly, the right knee disorder was not incurred in or aggravated during active military service.

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA examination to determine if the Veteran's current low back disability is related to his service.

The Board has remanded the case for additional development due to lack of recent medical records. The Veteran's claims for service connection are pending and will be reconsidered after obtaining updated treatment records.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is less likely as not related to his military service.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes and therefore, his claim of service connection for bilateral hearing loss is denied. The cervical spine issue was remanded but an adequate opinion could not be provided by the examiner.

The Veteran's cervical spine disability was rated at 30% from March 1, 2009 to May 28, 2013 and is restored. The claim for an increased rating remains pending.

The Board has granted service connection for a cervical spine disability, finding that the Veteran's current condition is related to his military service and affording him all reasonable doubt.

The Board found that the Veteran's type II diabetes mellitus, cardiac disability, cervical spine disability, and lumbar spine disability are not related to his military service.