Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's current low back disorders, including osteoarthritis and scoliosis of the lumbar spine, are not related to his military service.

The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities, which render him unemployable. The Board grants a total disability rating based on individual unemployability.

The Board has denied the Veteran's claims of service connection for lumbar spine and right knee disabilities, both to include as secondary to his service-connected residuals of a left distal tibia and fibula fracture.

The Board has ordered a remand due to the need for additional development, including an addendum opinion regarding whether the Veteran's cervical and thoracolumbar spine disabilities preexisted service or are otherwise etiologically related to his active military service.

The Veteran's claim for service connection for a right shoulder disability was reopened and granted. His claims for higher ratings for his lumbar spine and cervical spine disabilities, as well as the TDIU prior to August 1, 2008, are still pending.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for his service-connected lumbosacral strain and separate compensable ratings for radiculopathy of the bilateral lower extremities due to additional development being required.

The Board has remanded the case due to scheduling issues for a video hearing, and the Veteran's appeal is now pending with the RO in Las Vegas, Nevada.

The Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected lumbar spine disability was granted, with a rating of 10 percent effective from July 17, 2009.

The Board denied the Veteran's claims to reopen his service connection claims for right hip disability, low back disability, and arthritis of multiple joints due to lack of new and material evidence. The medical records submitted did not provide a nexus opinion indicating that the disabilities were incurred in or related to service.

The Veteran's appeal is being remanded to obtain additional medical records and conduct a VA examination. The case will be readjudicated after these actions.

The Veteran's appeal for increased ratings and TDIU was granted. He is now entitled to a combined rating of 70 percent, which meets the criteria for a TDIU.

The Board has determined that the appellant's current back disorder, diagnosed as lumbar disc degeneration, thoracic/lumbar sprains, and muscle spasms, is related to an injury sustained during his period of active duty for training (ACDUTRA) in the United States Air National Guard. As a result, service connection for residuals of a back injury has been granted.

The Veteran's claim for service connection for lumbosacral strain is being remanded due to the need for a new VA examination and additional development of his medical records.

The Board has granted service connection for tinnitus, finding that the Veteran's current condition is related to noise exposure during active duty. The remaining issues of service connection are addressed in the REMAND portion.

The Veteran's left hip disability is found to be secondary to his service-connected degenerative disc disease L4-5. His TDIU claim is also granted.

The Board found that the Veteran does not have a diagnosed psychiatric disability, including depression. The service connection claim for depression was denied as there is no evidence of a current disability.

The Board found that the Veteran does not have a current disability for service connection of left ear hearing loss and denied his claim. For right ear hearing loss, the Board determined there is no evidence showing it meets VA's threshold requirements for a disability.

The Board has remanded the case for further development, including obtaining additional medical records and determining whether the Veteran's service-connected disabilities render him unemployable.

The case is being remanded for a Board hearing at the RO due to the Veteran's request. The initial rating claim and CUE issue in the 1970 decision are both under review.

The Veteran's appeal was withdrawn regarding the claim for a higher rating for epilepsy. The Board granted SMC based on need for aid and attendance (A&A) and SAH.