Back / lumbar spine decisions — 2014

The Veteran's lumbar spine disability is currently rated at 20 percent, but the evidence does not support a higher rating as his forward flexion is not limited to 30 degrees or less and there is no unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's degenerative disc disease L2-3, L3-4, and L5-S1 was rated at 20 percent from October 9, 2009 to May 15, 2011. Since then, the rating has been maintained at 20 percent.

The Board finds that the Veteran's currently diagnosed degenerative arthritis of the lumbar spine is not etiologically related to service, and thus denied his claim for service connection.

The Veteran's claim for TDIU was denied on the merits, but a remand has been ordered to consider whether he is eligible for TDIU based on his service-connected low back strain due to an extraschedular basis.

The Board has decided to remand the case due to the need for additional development, including obtaining updated VA treatment records and scheduling a new examination by a VA physician.

The Veteran's lumbar radiculopathy of the left lower extremity is currently rated at 20 percent, which corresponds to moderate incomplete paralysis of the sciatic nerve. The Board finds that this rating adequately reflects the severity and nature of his disability.

The Veteran's service-connected disabilities did not render him unemployable prior to October 10, 2007. The combined evaluation of his disabilities was 50 percent from September 20, 2001 to October 10, 2007.

The Veteran's right ear hearing loss is not related to service, as there was no threshold shift during service and the current condition did not manifest within one year of separation. The left ear hearing loss preexisted service and is not aggravated by service.,The Veteran's low back disorder and right knee disorder are not related to service, as symptoms were not chronic in service or continuous after service separation.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for a back disability or cervical spine degenerative disc disease.,As such, both claims remain denied.

The Veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal.

The Veteran's appeal is being remanded for additional development, including the issuance of a statement of the case and scheduling of a Board hearing.

The Board has determined that a remand is necessary to ensure proper development and consideration of the Veteran's claims for service connection for bilateral hearing loss and low back disorder. Additional evidence will be considered, and the claims will be readjudicated.

The Board has ordered a remand due to insufficient examination and treatment records, requiring the Veteran to provide additional information or authorization for VA to obtain relevant medical records. The examiner will be asked to determine if any back disability is related to active duty service.

The Veteran's low back disorders are being remanded for a VA examination and additional development of records, including those from Holloman Air Force Base regarding the 1971 motor vehicle accident. The Board will then determine if his current conditions are related to service.

The Board has determined that the Veteran's thoracolumbar spine degenerative joint disease is related to his military service and grants service connection for this condition.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, lumbar disc disease with left lower extremity radiculopathy, and bilateral knee disorders. The Board found that there is no evidence to support a nexus between these conditions and his military service.

The Board has remanded the Veteran's claims for service connection, increased ratings, and TDIU due to pending issues with her low back disorder, right wrist strain, and right knee chondromalacia patella.

The Board has remanded the case for additional development, including obtaining inpatient treatment records and arranging an orthopedic examination to determine if the Veteran's back disability is related to his active service.

The Veteran's back disability is found to have had its clinical onset during active service and is related to in-service disease, event, or injury. The left ankle and shoulder disabilities are not currently established as having their clinical onset during active service.

The Veteran's appeal has been dismissed due to his death. The issues of service connection for various conditions have become moot.