Back / lumbar spine decisions — 2014

The Board has granted service connection for degenerative arthritis of the thoracolumbar spine, chronic cervical strain disorder, and anthracosis of the lungs. The Veteran's claims for a right knee disorder and bilateral hip disorders are being remanded.

The Veteran's claims for increased ratings and an earlier effective date were denied. The Board found that the Veteran did not meet the criteria for higher ratings or earlier effective dates.

The Veteran's service-connected low back intervertebral disc syndrome with degenerative arthritis and right sciatic neuropathy have not met the criteria for an initial evaluation in excess of 10 percent.

The appeal is being remanded for further development, including obtaining a new VA opinion regarding the nature and etiology of the Veteran's low back disability. The TDIU claim is also inextricably intertwined with the service connection claim.

The Board has determined that the Veteran's low back disorder and respiratory disorder are not related to his military service, thus denying both claims.

The Board found that the June 1975 rating decision denying service connection for Scheuermann's disease of the dorsal spine with associated strain (back disability) was clearly and unmistakably erroneous due to a failure to consider whether the Veteran's congenital back condition was aggravated by military service.

The Board has remanded the case for a VA opinion regarding the cause of the Veteran's death and an addendum opinion addressing the appellant's claims under 38 U.S.C.A. � 1151.

The Veteran's cervical spine disability, prior to February 11, 2008 and since May 1, 2008, more nearly approximates the functional equivalent of forward flexion of 15 degrees or less.

The Veteran's lumbar spine disability has been rated at 20 percent since August 20, 2007. The Board finds that the evidence does not support a higher evaluation.

The Board has ordered a new VA medical opinion to determine if the Veteran's back disorder is related to his service-connected right knee disability. The case will be returned for further review.

The Veteran's service-connected low back disability does not render him unable to obtain and maintain gainful employment consistent with his education, training, and work experience.

The Board has remanded the case for further development and consideration, including a new VA examination for the claim of service connection for a back disability. The claim of service connection for posttraumatic stress disorder is also being remanded.

The Board found that the Veteran's low back disorder was not incurred or aggravated by service, and is not related to his service-connected knee disabilities. As a result, the claim for service connection for a low back disability has been denied.

The Board found that the Veteran's low back, right knee, and left hip disabilities were not related to service. The evidence did not support a finding of current disabilities for these conditions.

The Board finds that the preponderance of evidence is against a finding that the Veteran's current cervical spine disability is causally related to, or aggravated by, an event, injury, or disease in service. The same applies to his lumbar spine disability.

The Veteran's appeal is being remanded for scheduling a videoconference hearing due to her inability to attend the previously scheduled hearing. The case will be processed as though the request for a hearing had been withdrawn.

The Veteran's tinnitus is service-connected based on in-service noise exposure and current bilateral tinnitus. The Board finds the evidence to be in equipoise regarding whether his acquired psychiatric disability, lumbar spine disability, right lower extremity neuropathy, left lower extremity neuropathy, and right foot disability are related to service.

The Veteran's back disability, evaluated as 40 percent disabling under Diagnostic Code 5293 (effective prior to September 26, 2003), is not shown to warrant a higher evaluation based on the evidence of record.

The Veteran's appeal has been withdrawn due to his request. Service connection for hypertension is granted.

The Board has determined that further development is necessary before a decision can be reached on the merits of the Veteran's claim for service connection for a back disorder. The case is REMANDED to obtain an adequate VA examination and opinion regarding the diagnosis and etiology of any current back disorder found.