Back / lumbar spine decisions — 2014

The Veteran's gastric ulcer with Barrett's esophagus and intestinal metaplasia was granted a 60% rating effective June 21, 2013. His low back disability remains denied for service connection. TDIU benefits were granted prior to June 21, 2013.

The Board has determined that the Veteran's current low back conditions, including grade 1 spondylolisthesis and degenerative disc disease of the thoracolumbar spine, are not service-connected as they were not shown to be incurred or aggravated by his military service.

The Board has remanded the case for further development due to inadequate medical opinions and missing pulmonary function test results.

The Veteran's lumbar spine disability is rated at 40 percent, the maximum schedular rating for severe lumbosacral strain with limited motion. The claim for a higher initial rating was denied.

The Board has remanded the case due to additional evidence submitted by the Veteran, and further development is required before a final decision can be made.

The Board denied the Veteran's claims for earlier effective dates for a 60 percent rating for low back disability and TDIU, finding that new and material evidence was not received within one year of the April 16, 1998 rating decision.

The Board has remanded the case for further development, including rescheduling of a videoconference hearing.

The Board has found that the VA examinations were inadequate and remanded for further development, including addressing the Veteran's lay statements regarding in-service injuries. The case is now being returned to the AOJ for addendum opinions from previous examiners.

The Veteran's claims for higher ratings for his low back strain and entitlement to a TDIU are being remanded due to the need for additional development, including obtaining treatment records and scheduling another VA examination. The service connection claim for scoliosis and DDD of L4-L5 and L5-S1 with facet arthrosis is also being remanded.

The Board has remanded the case due to the need for a new VA examination and further development of the record.

The appeal is remanded due to missing examination report and incomplete range of motion assessment. The Veteran's cervical spine disability and left upper extremity radiculopathy ratings are not addressed.

The Veteran's appeal for increased ratings for cervical and lumbar spine conditions has been dismissed due to the withdrawal of the appeal by the Veteran's representative.

The Board has determined that the Veteran's claimed conditions, including glaucoma, pancreatitis, prostate disorder, syncope, headache disorder, neck disorder, and back disorder, were not incurred or aggravated during active duty service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's overpayment due to fugitive felon status is found invalid, and the debt of $1,080.47 is therefore not valid.

The Board found no evidence of an in-service injury or chronic disability related to the Veteran's lumbar spine, bilateral hearing loss, tinnitus, and cysts of the breast. The claims for service connection were denied.

The Board has determined that the Veteran's low back disability is service-connected, with no specific rating assigned and no effective date provided.

The Veteran's service-connected discogenic disease of the lumbosacral junction, chondromalacia patella, left knee, with degenerative changes, and chondromalacia of the right knee are not shown to meet or approximate the criteria for a compensable evaluation. The Veteran's hypertension is also not shown to meet or approximate the criteria for a compensable evaluation.

The Veteran's thoracolumbar spine disability is rated at 40 percent effective November 22, 2011. The issues of increased ratings for the right and left lower extremity radiculopathy are also addressed.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge.