Back / lumbar spine decisions — 2014

The Board has remanded the claims due to conflicting evidence regarding whether the Veteran's current lumbar and cervical spine disorders are related to his active service, specifically an in-service motor vehicle accident. The case is now pending for further examination and opinion.

The Veteran's claims for higher initial ratings for her service-connected degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. The RO found that the disability did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's claims for higher ratings for degenerative disc and joint disease of the lumbosacral spine and bilateral hearing loss on an extra-schedular basis were denied by the Board.

The Board has remanded the appeal for additional development, including a new VA examination and consideration of the Veteran's TDIU claim.

The Board has remanded the case for additional development due to inadequate medical opinion in a previous decision. The Veteran's claims of service connection are now pending and will be reconsidered after the completion of the requested examination.

The Board denied the Veteran's claim for service connection for spondylosis of the cervical and lumbar spine, finding that there was no evidence of a nexus between his current disability and his military service.

The Veteran's claim for an initial disability rating in excess of 10 percent for degenerative joint disease of the lumbar spine prior to June 12, 2012 and in excess of 50 percent thereafter is being remanded due to the need for additional development including a VA examination.

The Board has determined that the Veteran's service-connected disabilities necessitate regular aid and attendance, warranting special monthly compensation.

The Board has granted service connection for left ear hearing loss and tinnitus, finding that the Veteran's conditions are at least as likely as not incurred in service. The back disability and left hip disability have been remanded for further development.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disability other than PTSD, a hernia, and a back disability. The decision found that the current back disability was less likely as not related to service.

The Veteran's lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which represents the maximum schedular rating available under VA's General Rating Formula for Diseases and Injuries of the Spine. The claim for a higher rating has been denied as his disability does not meet or approximate the criteria for any higher evaluation.

The Board has ordered a remand for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine if his current lumbar spine disability is related to service.

The Veteran's claims for service connection were denied. The Board found no evidence of a back disorder, diabetes mellitus, or hypertension in service and did not find any link between these conditions and service or service-connected disabilities. The Veteran's deviated nasal septum was rated as 10 percent disabling prior to November 8, 2010, but the maximum schedular rating for this condition is already assigned.

The Veteran's appeal is being remanded for scheduling a personal hearing due to his failure to appear at the previously scheduled videoconference hearing.

The Board has determined that a VA examination is needed to determine the current nature and etiology of the Veteran's low back disability, which may be related to service. The case will be remanded for this purpose.

The Board has determined that the Veteran's low back disability warrants a 10 percent rating prior to June 20, 2011 and a 20 percent rating from that date. The current 10 percent rating is maintained.

The Board has decided to remand the case for further development and examination, including verification of unverified service periods and additional VA examinations.

The Veteran's tinnitus was found to have onset in service and is granted service connection. The Board also finds that the Veteran has other disabilities, including bilateral knee, hand, and back disorders, which are not related to his military service.

The Veteran's claims for increased evaluations for his service-connected bilateral restless leg syndrome, chondromalacia patella of the left knee, and degenerative disc disease (DDD) of the thoracic spine were denied. The RO assigned initial noncompensable ratings effective January 2008.