Back / lumbar spine decisions — 2014

The appeal is being REMANDED to the RO for additional development and readjudication of issues including service connection for right foot hallux valgus and hammertoes, increased ratings for lumbar spine disability and tinea pedis, and a TDIU rating.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, a spinal cord tumor due to Agent Orange exposure, and a skin disorder. The evidence did not support a finding of current disabilities or a link between any disability and service.

The Board has determined that the Veteran's right shoulder strain, lumbar spine disc bulge with stenosis and facet arthritis, and left knee retropatellar pain syndrome with MCL thickening, Pellegrini-Stieda lesion, and chronic changes are all related to service.

The Board has denied the Veteran's claim of service connection for a back condition, finding that there is no clear and unmistakable evidence to rebut the presumption of soundness at enlistment. The Board also found no evidence of inservice aggravation of any preexisting back disorder.

The Veteran's appeal is being remanded due to the failure to provide a Travel Board hearing. The case will be returned to the AOJ for further action.

The Board found that the Veteran does not have a current diagnosis of any claimed conditions and denied service connection for all issues due to lack of evidence linking these conditions to service.

The Veteran's claims for earlier effective dates for service connection for tinnitus and degenerative disc disease of the lumbar spine were dismissed as his timely notice of disagreement with these effective dates was not filed within one year of notification.

The Board has remanded the case for additional development, including obtaining VA and SSA records, and arranging for a VA examination to determine the nature, extent, onset and etiology of any low back disability found to be present.

The Veteran's postoperative HNP of the lumbar spine does not meet the criteria for a rating in excess of 20 percent. The right and left leg weakness disabilities are each rated at 20 percent disabling since November 30, 2007.

The Board has determined that the Veteran's low back pain with arthritis is aggravated by his service-connected right knee chondromalacia of the patella, and thus grants service connection for this condition.

The Veteran's claim for service connection for degenerative disc disease at L5-S1 is granted with an effective date of August 28, 1980.

The Board has determined that the Veteran's low back disorder is not service-connected as it did not manifest within one year of his separation from active duty and is not shown to be related to his service. The examiner opined that the current left hip disorder is less likely than not caused or aggravated by his service-connected bilateral knee and left ankle disabilities.,The Board has determined that the Veteran's low back disorder is not service-connected as it did not manifest within one year of his separation from active duty and is not shown to be related to his service. The examiner opined that the current left hip disorder is less likely than not caused or aggravated by his service-connected bilateral knee and left ankle disabilities.

The Veteran's claims for service connection for diabetes mellitus, pilonidal cyst, and low back disability were granted. The conditions are considered direct service connections as there is no evidence of herbicide exposure or a presumption.

The Board has remanded the case for a VA examination and opinions regarding service connection for a back disability, claimed as secondary to service-connected bilateral ankle disabilities. The TDIU claim is deferred.

The Veteran's claim for increased ratings for lumbosacral strain with thoracic compression fracture has been denied as the evidence does not meet the criteria for a compensable or higher rating under the applicable VA Rating Schedule.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the case as he is no longer alive.

The Board has remanded the case for additional development, including obtaining medical records and clarifying the VA examiner's opinions regarding neurological impairment. The TDIU claim is deferred pending resolution of the back disability rating issue.

The Board has determined that further development is needed to address the Veteran's claims for service connection of a lumbar spine disability and lower extremity numbness. The appeal is REMANDED to the RO.

The Board has remanded the case for further development, including obtaining VA treatment records and providing an addendum to the January 2012 examination report.

The Board granted a 20 percent rating for the service-connected back disability, effective September 1, 2011.