Back / lumbar spine decisions — 2014

The Board finds that the Veteran's current bilateral hearing loss, tinnitus, degenerative joint disease of the back and neck, osteoarthritis of the right knee, and carpal tunnel syndrome are all related to his active military service. The evidence shows he was exposed to noise in service which led to his current hearing loss and tinnitus. His orthopedic conditions are also linked to his years of service due to repetitive motion injuries.

The Board has determined that the Veteran's current right knee disorder, left knee strain, and lumbar strain are not related to his military service.

The Veteran's service-connected disabilities, including a low back disability and radiculopathies of the lower extremities, do not render him unable to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded for additional examinations and clarification from the Veteran. The issues of service connection, evaluation, and TDIU are all in need of further development.

The Veteran withdrew his appeal of the claim for a rating in excess of 10 percent for service-connected lumbosacral strain/sprain.

The Veteran's service-connected disabilities do not preclude him from obtaining or retaining substantially gainful employment.

The Board finds that the evidence is in equipoise as to whether the Veteran's low back disability was aggravated by her service-connected bilateral knee disability, and therefore grants service connection for a low back disability on a secondary (aggravation) basis.

The Veteran's degenerative disc disease of the lumbar spine is currently evaluated as 10 percent disabling, and does not meet the criteria for a higher evaluation.

The Board has determined that the Veteran does not have a low back disability that onset in service or is etiologically related to service. Therefore, the claim for service connection for a low back disability is denied.

The Board found that the Veteran's lumbar and thoracic spine disabilities are not related to service, as there is no evidence of a nexus between his current conditions and his military service. The VA examiner opined that the current lumbar and thoracic spine disabilities were more likely due to natural aging processes rather than service.

The Veteran's claims for higher ratings for his service-connected lumbar intervertebral disc syndrome and a TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Veteran's lumbar spine degenerative joint disease status-post laminectomy is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted.

The Board has ordered a remand to obtain updated medical records and conduct a VA examination to assess the current severity of the Veteran's low back disability, including any related neurological issues. The case will be returned for further consideration.

The Veteran's tinnitus was found to have its onset during active service and is considered a result of disease or injury incurred in service. Service connection for this condition is granted.

The Board has remanded the case for further development, including obtaining additional medical records and providing a new VA examination to assess the severity of the Veteran's lumbar spine disability. The issue remains on appeal as the Veteran seeks an increased rating.

The Veteran's lumbar spine disability is currently evaluated at 20 percent, and the evidence does not support a higher evaluation.

The Board has determined that the Veteran's low back disability is related to his active service, and therefore grants service connection for a low back disability. The issue of neurological impairment in the right lower extremity due to the service-connected low back disability will be remanded for further development.

The Veteran withdrew his appeal for the compensable rating for a fracture of midshaft third metacarpal of the left hand, leaving only the issues of service connection for an upper back disorder and bilateral shoulder disorder.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's appeal is being remanded for further development of his claims, including VA examinations to determine the nature and etiology of any diagnosed disorders.