Back / lumbar spine decisions — 2014

The Board found that the Veteran's low back disability was not present in service and is unrelated to military service. The VA examiner opined that the current low back disorder is less likely caused by or aggravated by his right knee patellofemoral syndrome.

The Board has granted the Veteran's claims for service connection for bilateral restless leg syndrome and lumbar spine degenerative disc disease, finding that these conditions are secondary to his service-connected diabetes mellitus type II.

The Board has determined that there is no evidence of a chronic skin disorder or degenerative disc disease during service, and the Veteran did not experience continuity of symptomatology after service. The preponderance of the evidence does not support service connection for either condition.

The Veteran is unable to obtain or retain substantially gainful employment due to his service-connected disabilities, and the Board finds that both the positive and negative evidence regarding the Veteran's employability are in relative equipoise. The claim of entitlement to TDIU is thus granted.

The Veteran's claims for higher ratings and service connection were granted, with the adjustment disorder receiving a 50% rating effective from August 25, 2010. The lumbar spine disability received a 40% rating effective from August 25, 2010. Other issues remain in appellate status.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board has determined that there are no current disabilities related to the Veteran's claimed respiratory disorder, lower back disorder, peripheral neuropathy, right ankle disorder, or left ankle disorder. As such, service connection is denied for all issues on appeal.

The Veteran's cervical spine disability is currently rated at 20 percent disabling, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's service-connected lumbar strain with multilevel degenerative disc disease is currently rated as 10 percent disabling. The Board has determined that a higher rating of 40 percent is warranted since January 12, 2012.

The Veteran's low back strain and cervical strain have been evaluated based on their current manifestations, with no additional disability or aggravation considered.,The Veteran's nummular eczema and tinea pedis have resulted in minimal disability. The Veteran's traumatic headaches have been rated based on the severity of his symptoms as of May 1, 2012.

The Veteran's appeal is remanded for additional development, including new examinations and issuance of a statement of the case addressing service connection issues.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability determination records.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected left hip strain and chronic low back strain.

The Veteran's claim for service connection for back, neck, right and left knee disabilities is being remanded due to the need for a VA examination and additional medical records.

The Veteran's claim for a TDIU is being remanded due to the need for further development by the Director of Compensation and Pension Services.

The Veteran's appeal is being remanded for initial RO consideration of the additional evidence and for a VA examination to assess the severity of his service-connected low back disability and right lower extremity radiculopathy. The combined impact of these disabilities on his employability will also be evaluated.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to determine the nature and etiology of his claimed conditions.

The Veteran's claim for an increased rating for low back disorder was denied as the evidence did not show incapacitating episodes of intervertebral disc syndrome or unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeal is being remanded for further development, including consideration of his TDIU claim based solely on his service-connected TBI.

The Veteran's claim for service connection for bilateral hearing loss has been denied as he does not have a current disability. The Veteran's claim of an increased evaluation for his back condition is remanded due to the need for a new VA examination.