Back / lumbar spine decisions — 2014

The Veteran's appeal is being remanded to schedule a videoconference hearing with the Board due to his request. The initial compensable evaluations for bilateral hearing loss disability and degenerative arthritis of the lumbar spine are on hold until further notice.

The Board has determined that the Veteran's current low back disability and acquired psychiatric disorder are not related to service. The evidence does not support a finding of direct service connection for either condition.

The Board has remanded several claims, including service connection for bilateral plantar fasciitis and new and material evidence claims for various disabilities. The Veteran's file was reviewed by a VA podiatrist to determine the relationship between his current bilateral plantar fasciitis and heel complaints in service.

The Board has determined that the Veteran's current cervical and lumbar spine disabilities are not related to any incident of his military service, including a motor vehicle accident in 1980.

The Board found that the Veteran's current low back disabilities are not etiologically related to his active duty service and denied his claim for service connection.

The Veteran withdrew his appeal regarding the increased rating for a low back injury with arthritic spurring at L4-5.

The Board has granted service connection and assigned initial ratings for the Veteran's conditions, including tinnitus, insomnia, asthma secondary to mold allergy, and residuals of Bell's palsy. The rating for respiratory symptoms due to mold allergy remains noncompensable.

The Board has determined that the reduction in the thoracolumbar disability rating was improper and void ab initio, while denying increased ratings for headaches and a psychiatric disability.

The Veteran's service-connected lumbar disability is currently rated at 40 percent from August 1, 2011. The claim for TDIU remains pending.

The Veteran's service-connected disabilities, including his back disability and radiculopathy of the left leg, have rendered him unable to secure or follow substantially gainful employment since October 5, 2012. A TDIU is granted effective that date.

The Veteran's lumbosacral spine spondylosis was incurred coincident with service and the Board has granted service connection for this condition.

The Board has determined that the Veteran does not have a current diagnosis of either a back disability or PTSD, and thus service connection for these conditions is denied.

The Veteran's service-connected left hip and right hip disabilities have not been found to warrant higher initial ratings. The lumbar spine disability has also not met the criteria for a higher rating.

The Board denied the Veteran's claims of entitlement to service connection for a low back disability and a right knee disability, finding that there was no evidence of chronic conditions in service or within one year after discharge.

The Board has ordered additional development due to the need for clarification of the Veteran's lumbar spine disability and TDIU claims, including a VA examination and referral for extraschedular consideration.

The Veteran's appeal for an extension beyond March 31, 2010 for a TTR based on treatment requiring convalescence has been withdrawn.

The Board has determined that additional development is needed to properly evaluate the Veteran's nonservice-connected pension claim, including obtaining updated VA treatment records and a comprehensive employment history assessment. The case will be remanded for these actions.

The Veteran's tinnitus was found to have onset during service and is granted as service connected. The bilateral hearing loss disability and neck disability are both found to be not related to service.

The Veteran's claims for service connection for degenerative changes of the lumbar spine, hips, and sleep apnea have been granted. The claim for a cyst of the right wrist has been denied as resolved.

The Veteran's service-connected disabilities, when analyzed as a whole, prevent him from securing or following a substantially gainful occupation. Therefore, the Board finds that he is entitled to TDIU.