Back / lumbar spine decisions — 2014

The Board has granted service connection for right ulnar nerve neuropathy, finding that the Veteran's current condition is related to his in-service symptoms. Service connection was denied for cervical spine degenerative disc disease and degenerative joint disease.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of entitlement to service connection for bilateral hearing loss. The claim for tinnitus was also denied as there is no showing of a current disability involving tinnitus. The low back condition issue is being remanded.

The Board denied all the issues on appeal, including entitlement to increased ratings for various service-connected disabilities and an earlier effective date for service connection of a depressive disorder.

The Board has remanded the case due to the need for additional development, including securing updated VA audiological evaluation records and arranging for an audiometric examination. The Veteran's disagreement with the September 2012 rating decision regarding lumbar myositis service connection is also addressed.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. The issues of increased evaluations for his lumbar spine condition, left leg nerve disability, and PTSD are also being addressed.

The Veteran's claim for an initial evaluation in excess of 30 percent for bilateral hearing loss was denied as the evidence did not show a worsening of his service-connected disability.

The Veteran's claim for an earlier effective date of TDIU was granted, with the effective date set at May 14, 2010. The Veteran had been service connected for various conditions including PTSD and multiple musculoskeletal issues since April 25, 2008.

The Veteran's appeal was not timely filed, and his claims for service connection were denied as new and material evidence was not received to reopen the previously denied claims.

The Board has determined that the Veteran's current low back disability is not related to his military service, including an in-service muscle strain. The Veteran does not have a psychiatric disability that is the result of disease or injury incurred in or aggravated by active military service.

The Veteran's lumbar spine disability is rated at 20 percent under Diagnostic Code 5237, reflecting significant forward flexion but limited range of motion. Separate ratings for neurological impairment of the right and left lower extremities are granted.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including a new VA examination and obtaining relevant medical records.

The Veteran is entitled to an annual clothing allowance for the 2011 calendar year due to his use of prescribed orthopedic appliances that cause wear and tear on his outer garments.

The Veteran's low back disability is found to be due to an injury sustained during combat service in Vietnam. Service connection for PTSD and bilateral hearing loss are granted.

The Board found that none of the Veteran's service-connected disabilities, individually or collectively, acted as the principal or contributory cause of his death. The underlying lung cancer resulting in his death was not related to his service.

The Board has reopened the Veteran's claim of service connection for a low back disability and granted it. The claim for bilateral hearing loss was denied as there is no evidence of current hearing loss disability for VA purposes.

The Veteran's lumbosacral strain with x-ray evidence of spondylolysis is currently rated at 20 percent, and the claim for an increased rating has been granted.

The Veteran's lumbar spine disability was granted an initial evaluation of 40 percent, effective October 5, 2012. The claim for higher evaluations remains in appellate status.

The Board has remanded the case for further development, including obtaining records from the Marine Reserve and a VA audiology examination to determine if the Veteran's hearing loss is related to service.

The Veteran's right lower extremity sensory polyneuropathy and lumbosacral strain are currently rated at 20 percent. The Board has remanded the case for further development.

The Board has remanded the case for a new VA examination to determine if the Veteran's service-connected disabilities make him unemployable. The appeal is pending and will be reconsidered after the additional development.