Back / lumbar spine decisions — 2014

The Board has remanded the case for additional development, including obtaining medical opinions and arranging for VA examinations to address service connection claims for lumbar spine disability, bilateral foot disability, and bilateral knee disability.

The Veteran's claims for service connection of a left knee disability and right groin injury were denied in March 2006. The claim to reopen these conditions was not perfected, as no new and material evidence was submitted within one year of the denial.,For his lumbar spine disability, the Veteran is currently rated at 10 percent prior to March 28, 2011; 20 percent from March 28, 2011 to November 29, 2012; and 10 percent since November 30, 2012.

The Board has determined that the Veteran's claimed disabilities, including osteoarthritis of the right ankle, old avulsion fracture of the left ankle, bilateral status post total knee replacement, low back condition, and sciatic nerve condition, did not begin in service or until many years after service and cannot be linked to any established in-service injury, disease, or event. Therefore, these claims for service connection are denied.

The Board has determined that the Veteran's current lumbar spine disorder is not related to his period of service and has denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a back disability. The Veteran's psychiatric claim is broadened to include any psychiatric disorder.

The Board found that the termination of TDIU effective March 1, 2011 was proper due to evidence showing substantial gainful employment. The claim for service connection and compensation under 38 U.S.C.A. § 1151 based on a March 27, 2002 surgery at Travis Air Force Base was denied as the Veteran did not meet the criteria for additional disability resulting from VA care.

The Veteran's claim for a higher rating for his service-connected back disability was denied as the evidence did not show forward flexion of the thoracolumbar spine that is 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine. The Veteran also does not have incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks but less than six weeks during the past 12 months.

The Veteran's lumbar spine disability, which includes a fusion and degenerative disc disease, has not been shown to warrant an evaluation in excess of the current 20 percent assigned.

The Board has remanded the case for additional development, including obtaining medical records and SSA records. The claim will be reconsidered after these steps are completed.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability and left hip disability. The evidence does not support a finding that these conditions are related to service or a service-connected condition.,Service connection was also denied for diabetes mellitus due to herbicide exposure, as there is no evidence of record linking this condition to the Veteran's military service.

The Board has determined that the Veteran's bilateral hearing loss and low back disability are related to his military service, granting service connection for both conditions.

The Board has remanded the Veteran's claims for an increased rating for a low back disability and entitlement to TDIU due to additional development being required.

The Board has remanded the case for additional consideration due to a request for a video conference hearing.

The Board has remanded the case due to deficiencies in the January 2014 examination report and for further development.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and ankle disorders have been denied. The claim for service connection for the lumbar spine disorder has not been adjudicated as it is not part of this decision.

The Board has determined that the Veteran's claims for service connection for residuals of a head injury with headaches and a back disorder have not been substantiated due to lack of evidence showing in-service incurrence or continuity of symptomatology.

The appeal has been dismissed as the appellant withdrew all issues on appeal.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for VA examinations to assess his spine condition and psychiatric disorders.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected lumbosacral spine disability. The case will be readjudicated after the examination.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for his back disability or left shoulder disability prior to May 17, 2012, but granted separate 10 percent evaluations for mild incomplete paralysis of the sciatic nerve since March 20, 2009 and October 15, 2010. The Veteran's TDIU claim was also denied.