Back / lumbar spine decisions — 2014

The Board finds that the evidence is at least in relative equipoise as to whether the Veteran's low back disabilities, degenerative disc disease and degenerative joint disease of the lumbosacral spine, are related to active service. As such, service connection for these conditions is granted.

The Board has determined that the Veteran does not have a left knee disability or lumbar spine disorder that is related to service, and thus denied both claims.

The Veteran's appeal for service connection and compensation based on section 1151 has been dismissed due to his request to withdraw the appeal.

The Board denied the Veteran's appeal for service connection for headaches and for an increased rating for his lumbar spine disability. The claim of reopening a cervical spine disability was also denied, as no current cervical spine disability is related to service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining outstanding VA and private treatment records, as well as determining his Social Security Administration (SSA) disability benefits determination.

The Board has granted a higher initial rating of 60 percent for the Veteran's service-connected degenerative disc disease of the lumbar spine, effective from August 11, 2009. The current combined disability rating is 80 percent prior to that date and 100 percent thereafter.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling examinations to determine the nature and etiology of his depressive disorder with PTSD, left hip, back, and left knee disorders. The TDIU claim will be deferred until adjudication of other claims.

The Board has determined that the VA examinations are inadequate and additional development is needed, including verification of service dates and obtaining STRs. The Veteran's claims for bilateral hearing loss disability, tinnitus, and low back disability will be remanded for further action.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of GERD, and the lumbar spine and right knee disabilities do not meet the criteria for a higher rating.

The Board has determined that additional medical opinions are needed to address whether the Veteran's low back and right ankle disabilities are aggravated by his service-connected residuals of a stress fracture of the right second metatarsal. The claims for service connection will be remanded for this purpose.

The Board has reopened the claim for service connection for a lower back condition due to new evidence submitted since the last denial. The Veteran's PTSD is rated at 30 percent, and left ear hearing loss is established with right ear hearing loss also being established.

The Board is reopening the Veteran's claim for service connection for degenerative disc disease of his lumbar spine with left L4 radiculopathy and remanding all other claims to obtain additional medical opinions regarding their merits. The TDIU claim is also being remanded.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, meeting the criteria for a TDIU.

The Board has decided to remand the case due to missing records from a previous claim filed in February 2003. The Veteran and his representative will be asked to provide any relevant documents.

The Veteran's claim for an increased evaluation for his service-connected lumbar spine disability was denied. The Board found that the evidence did not warrant a higher rating as forward flexion of the thoracolumbar spine had not been limited to 30 degrees or less, nor had there been favorable ankylosis.

The Veteran's claim for higher ratings for degenerative disc disease of the lumbar spine before November 23, 2010 and from that date was denied as his disability did not meet the criteria for a higher rating under VA's rating schedule.

The Veteran's appeal for service connection for low back injuries has been dismissed due to his death during the pendency of the appeal.

The Veteran's degenerative disc disease, L5-S1, has been rated at 60 percent since May 17, 2000. The Board found that a higher rating is not warranted.

The Board has remanded the case for further development, including obtaining additional medical records and a VA examination by an orthopedic spine surgeon or neurologist to determine if any current low back disability is related to service.

The Veteran's service-connected bilateral hearing loss disability is not shown to be productive of worse than Level I hearing acuity in the right ear or Level II hearing acuity on the left.,For the period prior to October 25, 2013, the service-connected DDD of the cervical spine was shown to have a combined range of motion of the cervical spine not greater than 170 degrees at its most limited.