Back / lumbar spine decisions — 2014

The Board has remanded the claims of service connection for tinnitus, degenerative disc disease of the cervical spine, hypertension, a respiratory disability including lung nodules, chronic obstructive pulmonary disease, and asthma, kidney cysts, and skin cancer due to incomplete records and procedural issues.

The Veteran's left foot pes planus was found to have its origin in service, and he is now entitled to service connection.,There is no current hearing loss disability meeting VA criteria, so service connection cannot be established.,No current right knee disability has been demonstrated, thus service connection for a right knee disability cannot be granted.,The Veteran's lumbar spine strain is currently evaluated at 20 percent based on limitation of motion to flexion less than 60 degrees but not less than 40 degrees.,Hypertension is currently rated as noncompensable, with diastolic pressures below 100 and systolic pressures below 160.,Cluster headaches are currently evaluated at noncompensable, occurring less frequently than once every two months.

The Board has granted the Veteran's claim for service connection for degenerative changes of the lumbar spine, finding that it is at least as likely as not related to his in-service injury. The issue of reopening the claim was also resolved in favor of the Veteran.

The Board finds that the Veteran's low back disability is as likely as not service-connected, and grants service connection for a low back disability.

The Veteran withdrew the appeal on the claim for increase for degenerative disc disease of the lumbar spine during a hearing before the Board. The issue of increased rating for right lower extremity radiculitis is being remanded.

The Board has remanded the case due to issues related to service connection for multiple sclerosis, cognitive and/or psychiatric disorders, degenerative disc disease of the lumbar spine, chondromalacia of the knees, and headaches. The appeal is inextricably intertwined with the issue of service connection.

The Veteran's service-connected bilateral knee and lumbar spine disabilities result in wear on his clothing due to the use of prescribed braces, warranting an annual clothing allowance.

The case is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a hearing on his claim of an effective date prior to August 24, 2011. The Veteran's low back disability claim will also be reviewed.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claims will be reconsidered based on all evidence.

The Veteran's death was caused by squamous cell carcinoma of the ear, nose and throat with metastatic disease. His service-connected conditions did not contribute to his death.

The Board has determined that the Veteran did not submit a formal or informal claim for service connection prior to May 30, 2006. Therefore, an effective date prior to this date is denied.

The Board has granted the Veteran's claims for service connection for right ear hearing loss, left ear hearing loss, depression, right shoulder disorder, lumbar spine disorder, cervical spine disorder, and chronic headaches. These conditions are presumed to be related to his active duty in the Southwest Asia Theater of Operations during Operation Iraqi Freedom.

The Veteran's service-connected low back disability has not met the criteria for an increased rating in excess of 40 percent under any applicable diagnostic codes.

The Veteran's degenerative disc disease of the thoracolumbar spine does not meet or approximate the criteria for a rating in excess of 10 percent.

The Veteran's claims for service connection for cervical and lumbar spine conditions are being remanded due to the need for additional development, including VA examinations.

The Board has ordered a remand due to the need for additional development, including obtaining medical records and providing a VA spine examination.

The Veteran's service-connected disabilities did not prevent him from participating in substantially gainful employment for the period prior to May 14, 2012.

The Board has remanded the case for additional development, including obtaining VA medical records and an opinion on whether the Veteran's lumbar spine disorder was aggravated by his service-connected cervical spine disability.

The Board has determined that the Veteran's low back pain was not incurred in or aggravated by his service and may not be presumed to have been. Therefore, the claim for service connection for low back pain is denied.

The Veteran's appeals for service connection on the above issues have been withdrawn. The Board has no further jurisdiction in these matters.