Back / lumbar spine decisions — 2014

The Veteran's service-connected disc space narrowing of the lumbar spine is currently rated at 20 percent, effective November 28, 2008. The Board finds that his disability does not warrant a higher rating as it does not meet the criteria for an evaluation in excess of 20 percent.

The Veteran's claim for service connection for bilateral hearing loss was denied. Her claims for service connection for a low back disability, peroneal tendon subluxation, and residuals of right ankle joint pain are pending.

The Veteran's claims for increased ratings and service connection were denied. For the lumbosacral spine, his condition did not meet criteria for a higher rating under any applicable diagnostic codes. For the left knee, he was rated at 10 percent prior to November 22, 2010, but no higher based on the evidence of record.

The Veteran's claims for increased ratings of his service-connected back disability, varicose veins, and pes planus have been granted. The rating for the back disability has been increased to 40 percent effective from January 1, 2014.

The Board has determined that additional development is needed, including obtaining private records for the Veteran's hearing loss and scheduling a VA examination to determine if his hypertension and back/neck disorders are related to service. The case will be returned to the Board after these actions.

The Veteran's appeal has been REMANDED for additional development, including obtaining service personnel records and VA treatment records. The issues of entitlement to service connection for bilateral foot and knee disabilities have also been withdrawn.

The Board has denied the Veteran's claims of reopening his service connection for degenerative changes of the cervical spine, degenerative changes of the thoracolumbar spine, and COPD with fibrothorax of the left lung due to lack of new and material evidence.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records and providing an addendum opinion regarding the etiology of his lumbar spine disorder.

The Veteran's claim for service connection for lumbar degenerative disc disease was reopened and granted. His claim for left ear hearing loss was also granted.

The Board finds that the Veteran's income exceeded the maximum non-service-connected pension rate, thus denying his claim for non-service-connected pension benefits.

The Veteran's claims for residuals of right second metacarpal fracture, bilateral hearing loss, hypertension, and impotence are denied. The Veteran is service-connected for a chronic low back disorder and carpal tunnel syndrome of the left upper extremity.

The Veteran's claims for service connection for various conditions, including a bullet lodged in the buttocks, leg pain due to a bullet lodged in the buttocks, gunshot wounds of the right thigh and leg, scarring of the right hip and thigh, residuals of a low back injury, bilateral hearing loss, and tinnitus have all been denied. The evidence does not show any such conditions were present during service or are otherwise related to his military service.

The Veteran's claims for service connection for low back disorder, bilateral knee disorder, and bilateral ankle disorder are being remanded due to conflicting opinions on the etiology of his current conditions. Additional information regarding in-service paratrooping activities is needed.

The Board has determined that the Veteran's low back disorder may be related to his service, and thus remands the case for further development including a VA examination.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since May 1, 2009.

The Board has determined that the Veteran's left shoulder and low back disorders did not have onset during active service, were not caused by exposure to herbicides in service, and were not caused or aggravated by a service-connected disability. As such, direct service connection cannot be established.

The Veteran's claim for a higher rating for his lumbrosacral DJD was denied. The issue of service connection for depression, secondary to service-connected disabilities, is being remanded.,The Veteran's TDIU claim was granted based on the combined evaluation of his service-connected disabilities.

The Board found that the Veteran's spine disorder is not due to a disease or injury incurred in service and denied his claim for service connection.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's thoracolumbar spine arthritis is as likely as not related to his military service, and therefore grants service connection for this condition.