Back / lumbar spine decisions — 2014

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues are whether he should receive a higher rating for his lumbosacral spine disability and left knee arthritis.

The Veteran's bilateral hearing loss disability is rated as noncompensable, and his lumbosacral spine condition remains at a 20% rating. The Board found that the evidence did not support an increased rating for either condition.

The Board has determined that the Veteran does not have a current diagnosis of a back disorder and therefore, service connection for a back disorder is denied.

The Veteran's claim for service connection for degenerative disc disease with bulge at L5-S1 was granted in April 2007, effective August 26, 2005. The Board found that an earlier effective date of April 20, 2005 is warranted based on the receipt of a new claim.

The Veteran's low back strain was increased to a 20 percent rating effective from April 7, 2011. His allergic rhinitis with occasional sinusitis remains noncompensably (zero percent) disabling.

The Board finds that the Veteran's service connection claims for knee, cervical spine, thoracolumbar spine, and pes planus disabilities are denied as there is no evidence of a nexus between these conditions and her military service.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is related to his in-service injury.

The Board has denied the Veteran's claims for service connection for a seizure disorder and a back disorder, finding that there is no competent medical evidence linking these conditions to his active duty service or any service-connected disability.

The Board denied the Veteran's claims of service connection for back, bilateral hip, and bilateral knee disabilities.

The Veteran's left eye disability is considered a congenital defect and not service-connected. The Board finds the evidence does not support a finding of an in-service injury or disease resulting in current residuals from his claimed right-sided facial burns, low back disability, or right ear hearing loss.

The Board has determined that the Veteran does not have a current back or neck disability and therefore, service connection for these conditions is denied.

The Veteran's claim for an increased rating for his service-connected thoracolumbar spine disability is being remanded due to the need for a new VA examination and additional medical records.

The Board found that the July 24, 1981 motor vehicle accident was not in the line of duty due to the Appellant's willful misconduct. Therefore, service connection for neck disability, back disability, right knee disability, and PTSD is denied.

The Board finds that the Veteran's current bilateral hearing loss and tinnitus are likely due to noise exposure during service. Service connection is granted for these conditions. The Board also finds that his claimed foot disorders, low back disorder, hip disorder, knee disorder, and ankle disorder are not shown to be related to service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to assess the severity of his service-connected disabilities.

The Veteran's claims for service connection for a neck condition, low back condition, and hypertension are being remanded due to the need for additional development including obtaining medical records and scheduling VA examinations.

The Veteran's claims for increased ratings for low back disability and left little finger disability were denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has reopened the claims for low back pain, hearing loss, tinnitus, and right ankle condition due to new evidence. The other issues remain in their current status.

The Board has determined that the Veteran does not have a current low back disorder, and there is no evidence of arthritis within one year post-service. Therefore, service connection for a low back disorder cannot be granted.

The Board found that the Veteran's back disability, including arthritis and degenerative disc disease, was not incurred in or aggravated by service. The preponderance of evidence indicated that any current back disability is more likely related to post-service work-related injuries.