Back / lumbar spine decisions — 2014

The Board has determined that there is no current evidence of a right or left knee disability, and the Veteran's service connection claims for these conditions have been denied.

The Veteran's appeal for an increased initial evaluation of degenerative disc disease of the cervical spine was withdrawn during a hearing. The claim for service connection of residuals of left spontaneous pneumothorax is denied as there is no evidence that it occurred due to an injury incurred or aggravated in line of duty during INACDUTRA.

The Veteran's service-connected disabilities, including hearing loss and PTSD, render him unable to obtain or maintain substantially gainful employment.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination. The claim for TDIU has also been raised.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, notifying the Veteran of any inability to obtain certain records, scheduling a VA examination, and providing an addendum opinion regarding the relationship between the Veteran's current low back disability and his active service.

The Veteran's low back strain is currently rated at 40 percent, the maximum rating available for this disability. The Board finds that his condition does not warrant a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board has determined that the Veteran's left knee, right elbow, and low back disabilities are related to his military service.

The Board has determined that the Veteran does not have currently diagnosed hip, pes planus, low back strain, neck disorder, or eye disorders. The claims for these conditions are therefore denied.

The Veteran's hyperpigmentation of the face and neck, right knee disorder, and back pain are all found to be related to his service-connected Pseudofolliculitis Barbae (PFB). The heart disorder and hypertension were not shown to be related to service.

The Veteran's degenerative disc disease of the lumbosacral and thoracic spine is rated at 40 percent since February 11, 2011. The rating reflects his current symptoms including flexion limited to 10 degrees with no evidence of ankylosis or muscle spasm.

The Board has remanded the claims for further development, including obtaining clarification and opinions from a VA examiner regarding the nature and etiology of the Veteran's claimed disabilities.

The Board has remanded the case due to a hearing scheduled but not conducted, and because the 38 U.S.C.A. § 1151 claims are inextricably intertwined with the service connection claim.

The Veteran's service-connected low back disability is currently rated at 40 percent, the highest schedular rating available for this condition.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that it is secondary to his already service-connected right knee and hip disabilities.

The Board denied the Veteran's claims for service connection for Systemic Lupus Erythematosus, Bilateral Hearing Loss, and Back Condition. The decision was based on new evidence submitted by the Veteran that reopened his previously denied claims.

The Court reversed the Board's decision and awarded a 60 percent rating for degenerative disc disease of the lumbar spine.

The Veteran withdrew his appeal regarding the claims of service connection for a lumbar spine disorder, an increased rating for left hip prior to September 1, 2012 and from September 1, 2012, and an initial compensable rating for a left hip surgical scar.

The Board has determined that additional development is needed before the case can be decided, including scheduling a DRO hearing and issuing a Supplemental Statement of the Case (SSOC).

The Veteran's appeal was granted for various conditions, including right and left shin splints, a low back disorder, a cervical spine disorder, GERD, and an acquired psychiatric disorder other than service-connected PTSD. The appeals were decided on the merits of the evidence presented.

The Board has found that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a back disability. The reopened claim, along with other issues on appeal, is remanded to the RO.