Back / lumbar spine decisions — 2014

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected degenerative disc disease of the lumbar spine with spondylolisthesis. The claim for TDIU will also be considered.

The Veteran's death was not caused by or a result of her service-connected disabilities, and the Board denied service connection for cause of death.

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's service-connected lumbar spine disability is rated at 40 percent since April 1, 2010. The claim for a separate rating for neurological impairment prior to February 11, 2013 was denied.

The Board has granted service connection for a right hip disorder and denied service connection for a back disorder.

The Board has decided in favor of the Veteran, granting service connection for a back disorder.

The Veteran's lumbar spine DJD is not shown to have initially manifested during his service or in the first post-service year, and it may not be presumed to have been incurred during service. The claim for higher disability rating for bronchiectasis with thoracotomy and lobectomy of the left lower lobe was also denied.

The Veteran meets the schedular criteria for TDIU and his service-connected disabilities render him unable to obtain and maintain substantially gainful employment.

The Veteran's tinnitus and bilateral hearing loss were not shown to be related to service, and the Board denied these claims. The Veteran was granted service connection for a back disorder due to an injury during service.,The Veteran had complaints of decreased hearing but no current disability as defined by VA regulations.

The Veteran's service-connected lumbar spine disability is not shown to be productive of a disability picture worse than severe intervertebral disc syndrome with recurring attacks with intermittent relief prior to February 7, 2006.

The Board has determined that additional examinations and medical opinions are needed to clarify the nature and etiology of the Veteran's claimed tinnitus, back disability, cervical spine/neck disability, and bilateral foot disability. The appeal is REMANDED for these actions.

The Veteran's appeal is being remanded for additional development, including obtaining his service separation examination, verifying inservice stressors, and scheduling VA examinations to determine the current severity of his migraine headaches and any claimed psychiatric disability.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine is granted from October 24, 2011 onwards. The claim for service connection for radiculopathy of the right lower extremity is also granted as secondary to his lumbar spine disability.

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

The Veteran's bronchial asthma is found to be service-connected, and the claim for degenerative joint disease of the thoracolumbar spine remains pending.

The Board has reopened the Veteran's claims and granted service connection for a low back disorder and bilateral knee/leg conditions, finding that new and material evidence supports these claims.

The Board has remanded the case for additional development, including obtaining SSA records and issuing a Statement of the Case regarding the denial of service connection for PTSD. The Veteran's claim for back disability remains pending.

The Board found that the interruption of vocational rehabilitation benefits was proper due to the Veteran's failure to maintain satisfactory conduct and cooperation, as well as his inability to achieve a feasible employment goal.

The Board has determined that the Veteran does not have a low back disability that is related to service, and therefore denied her claim for service connection.

The Veteran's appeal includes claims for an increased rating for his thoracolumbar spine disability and service connection for a respiratory disability. The case is being remanded to obtain additional medical records, schedule the Veteran for VA examinations, and determine if there are any new evidence that would support reopening of the service connection claim.