Back / lumbar spine decisions — 2015

The Board found that the Veteran's hospitalization was primarily for a nonservice-connected condition, and her service-connected back disabilities did not contribute to the length of her hospital stay.

The Board denied the Veteran's claims of entitlement to service connection for right knee disability, right shoulder disability, and low back disability. The Board found that there was no evidence of a chronic condition in service or post-service continuity of symptomatology.

The Board has determined that the VA examinations of record are inadequate to properly adjudicate this matter. The Veteran's low back disability is being remanded for further development and consideration.

The Board has determined that there is no evidence to support the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for cervical myelopathy and degenerative disc and joint disease of the lumbar spine as a result of the December 2004 VA examination.

The Veteran's service-connected degenerative disc disease of the lumbar spine is not productive of ankylosis, incapacitating episodes having a total duration of at least 6 weeks, additional neurological dysfunction such as bowel or bladder impairment, or lumbar radiculopathy. The Veteran does not meet the schedular criteria for a TDIU prior to September 1, 2007 and his service-connected back disability alone did not prevent him from securing and following substantially gainful employment. From September 1, 2007, the Veteran meets the schedular criteria for a TDIU due to his service-connected back disability and psychiatric disability.

The Board has determined that the Veteran's chronic low back disability, including arthritis, was not present during service or until several years thereafter and is not shown to have been caused by any in-service event, injury or disease. Therefore, service connection for this condition cannot be granted.

The Board has granted the Veteran's request to reopen his claims for service connection for PTSD and a low back disorder, finding that new evidence supports these claims.,Service connection is now established for the Veteran's current chronic lumbosacral strain with leg pain.

The Veteran's appeal is being remanded due to a request for a Board hearing. The specific issues of rating headaches, seeking higher ratings for low back strain, and seeking service connection for various hip and leg disabilities remain unresolved.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. The case will be returned to the Board after the hearing.

The Veteran's claims for increased ratings for intravertebral disc syndrome and radiculopathy of the right and left legs have been granted, with each condition receiving a 20 percent rating.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining VA treatment records and scheduling new examinations for the Veteran's left leg/knee disability, low back disability, asthma, hepatitis C, and acquired psychiatric disorder.

The Veteran's neck and back disorders are found to have originated in service, with the Board granting service connection for both conditions.

The Veteran's appeal is being remanded due to the cancellation of his scheduled hearing. His claims for service connection are still pending and will be addressed after a new hearing date is set.

The May 1997 and April 1998 rating decisions denied service connection for various conditions, while the July 2001 decision granted service connection for osteoporosis of the upper spine. The effective date is retroactive to December 16, 1996.

The Board has determined that the Veteran's bilateral hearing loss, tinnitus, and low back disability are service-connected due to their onset during combat service in Iraq.

The Board has reopened the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine and related cervical and thoracic spines. The case is remanded to schedule a VA examination and readjudicate the claims.

The Veteran's low back disability was rated at 10 percent prior to September 24, 2012, and has been rated at 20 percent since the date of his most recent VA compensation examination.

The Veteran's appeal is being remanded for further development, including a VA examination to address her claims of service connection for various disabilities.

The Veteran's appeal is being remanded due to his request for a videoconference hearing. The case will be returned to the Board after the hearing.

The Board has determined that the Veteran did not have service in the Republic of Vietnam and his duties at Kunsan Air Force Base, Korea did not result in exposure to herbicides. Therefore, the claims for service connection based on herbicide exposure are denied.