Back / lumbar spine decisions — 2014

The Board found that the Veteran's right ear hearing loss is related to his military service and granted service connection for this condition. However, it determined that there was insufficient evidence linking his low back disability to his active duty and denied service connection for this issue.

The Veteran's back disability, diagnosed post-surgery and rated at 10 percent prior to November 18, 2011, did not meet the criteria for a higher rating based on his symptoms and examination findings.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's service-connected history of lumbar strain is currently rated at 40 percent, and the Board finds no evidence to warrant a higher rating based on current symptoms.

The Board has remanded the case for further development due to the need for medical opinions regarding the etiology of the Veteran's low back and bilateral knee disabilities, as well as the nature of his service-connected PTSD.

The Board has determined that there is no current diagnosis of residuals of a broken nose or a nose-related disability, and thus service connection cannot be granted. The Veteran's assertions regarding his right eye condition are not supported by medical evidence.

The Veteran's service-connected disabilities, including cervical spine and hand conditions, prevent him from securing and following substantially gainful employment.

The Veteran's appeal is for a higher rating for his service-connected low back disability, which was increased to 40 percent in September 2007. The May 2008 Rating decision denied entitlement to an increase above that level. The Board has decided the case requires further development due to lack of substantive appeal and remanded it.

The Veteran's appeal for service connection for right ankle, bilateral hip, left ankle, and low back disorders secondary to his service-connected bilateral knee disabilities has been dismissed due to the Veteran's representative withdrawing the appeals.

The Veteran's claim for increased ratings of his service-connected lumbar degenerative disc disease (DDD) is being remanded due to the need for a contemporaneous VA examination to assess the current severity of this disability.

The Veteran's appeal is being remanded for clarification of his right knee disability rating, scheduling of VA examinations to assess the severity of his lumbar spine and right knee disabilities, and readjudication of the issues on appeal.

The Board has denied the Veteran's claims for service connection for a left shoulder disorder and a back disorder due to lack of evidence linking these conditions to his military service.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has determined that the Veteran's neck, bilateral hip, lower back and bilateral knee disorders were not incurred in or aggravated by active service. The evidence does not establish a nexus between these conditions and his military service.

The Veteran's claim for an earlier effective date for dependency benefits was denied as the evidence did not show that he had submitted information about his dependents within a year of being notified of his combined rating in January 2007.

The Board has remanded the Veteran's claims for increased ratings and service connection due to outstanding treatment records, need for new examinations during a flare-up period, and other procedural issues.

The Board found that the Veteran's low back disorder, including low back strain and intervertebral disc syndrome, was not incurred or aggravated in active service. The claim for service connection is denied.

The Board has granted service connection for lumbar degenerative joint disease (arthritis) and lumbar degenerative disk disease with facet arthropathy, finding the evidence at least in equipoise as to whether these conditions were incurred during active duty.

The Veteran's unauthorized medical expenses incurred at Fremont Area Medical Center on June 21, 2010, and June 22, 2010, are approved as the nearest VA facility was not feasibly available and a prudent layperson would have sought treatment from a private hospital.

The Veteran's lumbar spine disability is rated at 20 percent, and his right knee instability and patellar fracture are each rated at 10 percent.,Both conditions have been granted service connection based on direct service connection.