Back / lumbar spine decisions — 2014

The Board has determined that additional development is needed to obtain relevant medical records and service treatment records, as well as verify the Veteran's exposure to herbicides. The Veteran will be provided with a VA examination to determine if any current low back, hypertension, or bilateral feet disabilities are related to service.

The Board has remanded the case due to incomplete records and requests for additional treatment records. The claim will be reconsidered after these records are obtained.

The Veteran's claims for increased ratings of service-connected irritable bowel syndrome and lumbosacral strain with degenerative disc disease are being remanded to the RO via the Appeals Management Center (AMC), in Washington, DC. The Board finds that VA's VCAA duties to notify and assist the Veteran have been met in this case.

The Veteran's claim for service connection for chronic low back strain was originally filed in October 1974. The RO denied this claim in August 1975 and provided notice of the decision to the Veteran. In January 2005, VA granted service connection for chronic low back strain effective from October 15, 1974.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing before the Board. He was previously requested for a video conference hearing and later requested a hearing at the RO, but did not attend either.

The Veteran's lumbar spine strain is currently rated at 20 percent, and the Board has granted a higher rating of 40 percent for this period. Service connection for a cervical spine disability was denied.

The Board has reopened the previously denied claim of service connection for a low back disability, but further development is needed to decide if the Veteran's current condition is related to her active service.

The Veteran's claims for increased ratings for his service-connected lumbar degenerative disc disease and depression are being remanded due to the need for a Statement of the Case.

The Veteran's current bilateral hearing loss disability is found to be at least as likely as not due to exposure to hazardous and harmful noise levels during his period of active service, including in connection with combat while serving in the Republic of Vietnam. Service connection for this condition is granted.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled videoconference hearing. His claims for service connection and compensation under 38 U.S.C.A. § 1151 are pending.

The Veteran's unauthorized medical expenses incurred at a non-VA hospital for treatment of his service-connected conditions were approved due to the nature and severity of his symptoms, which constituted an emergency.

The Veteran's claims for increased ratings for lumbar spine DDD and right lower extremity radiculopathy are being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's low back disability is proximately due to or the result of his service-connected bilateral metatarsalgia, and thus grants service connection for this condition.

The Board has denied the Veteran's claims of service connection for a low back disability, right knee disability, bilateral hearing loss, and recurrent parotitis. The denial is based on the lack of current evidence of these conditions.

The Veteran's low back disability, diagnosed as degenerative disc disease of the lower back, is related to service. The case is being remanded for further development including obtaining medical records and scheduling a VA examination.

The Board finds that the Veteran's bilateral hearing loss and lumbosacral strain are service-connected, with no presumption or secondary connection involved. The evidence supports a finding of in-service exposure to noise and resultant current disabilities.

The Veteran's current diagnosed lumbar spine disabilities are not related to his active service and the Board finds that they do not meet the criteria for service connection.

The Veteran seeks an effective date prior to September 24, 2008 for the award of TDIU. The Board has determined that further development is needed to consider whether entitlement to a TDIU on an extra-schedular basis should be granted.

The Board found that the Veteran's thoracolumbar spine disability did not meet or approximate the criteria for a rating in excess of 10 percent, as his range of motion was sufficient to warrant this rating.

The Veteran's lumbar spine DJD has been rated at 20 percent for the period prior to February 1, 2011. For the period beginning on February 1, 2011, a rating of 40 percent is granted.