Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Board has determined that further development is needed for the Veteran's lumbar strain claim, including obtaining additional medical records and scheduling a VA examination to assess the current level of severity of his disability.

The Board denied service connection for a back disability and found that spina bifida is not a disease or injury within the meaning of compensation benefits. The Veteran's claim was otherwise dismissed.

The Veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbar spine with residual scar from laminectomy has been granted, and he is currently receiving a 40 percent disability rating effective September 17, 1999.

The Veteran's TDIU claim was granted. The remaining issues on appeal were dismissed due to the Veteran's withdrawal of his appeals.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for hearing loss, tinnitus, and a back condition. The Board finds that these conditions are related to service and grants service connection.

The Veteran's lumbar spine and right shoulder disabilities were found to be as severe prior to May 6, 2013 as they were shown to be during the VA examination conducted on that date. The initial ratings of 20 percent for the lumbar spine disability and 10 percent for the right shoulder disability are granted.

The Veteran's right shoulder disability is rated as non-compensable under the applicable rating criteria. The Board finds that at least a 20 percent rating for his right shoulder disability has been met throughout the pendency of the appeal.

The Board has determined that the Veteran does not have a current low back disability and therefore, service connection for this condition is denied.,Service connection for insomnia associated with PTSD with major depressive disorder is also denied as it is considered part of the same disability.

The Veteran's claims for increased ratings and initial evaluations in excess of 10 percent for service-connected lumbar spondylosis with spinal stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy are being remanded due to the need to obtain additional evidence from the Social Security Administration.

The Veteran's claim for a higher rating for lumbosacral strain was denied, and his TDIU claim is pending. The current rating of 40% for lumbosacral strain remains unchanged.

The Board found no evidence that the Veteran's left knee, right shoulder, or lumbar spine disorders are caused by his service-connected right knee disability. The claims for secondary service connection were denied.

The Veteran's claim for reimbursement under the provisions of Title 38, United States Code, Section 2101 is denied as he did not obtain a certificate of eligibility prior to constructing his therapeutic spa and outbuilding.

The Board has granted service connection for the Veteran's post-operative residuals of discectomy and fusion of the lumbosacral spine, finding that the current disability is related to an in-service injury.

The Board has remanded the case due to inadequate notification of VA examinations for lumbar and cervical spine conditions. The Veteran's claims for service connection and increased rating are now before the AOJ for further development.

The Veteran's low back disability was granted a 20 percent evaluation effective August 28, 2003. The claim for increased ratings for his left and right lower extremity radiculopathy remains pending.

The Board has denied the Veteran's claims for service connection for a right ear disability, back disability, bilateral ankle disabilities, and frostbite of the hands and feet. The evidence does not show any right ear disability other than hearing loss and tinnitus for which the Veteran is already service connected.

The Board denied the Veteran's claims for service connection for a back disorder and spondylolisthesis of the lumbar spine, finding that there was no evidence of a preexisting disability or any nexus to military service.

The Veteran's lumbar spine disability was initially rated at 10 percent and has been granted a separate rating for right lower extremity radiculopathy. The initial rating of 10 percent remains in effect, while the additional rating for radiculopathy is effective from January 7, 2015.

The Veteran's service-connected disabilities do not meet the criteria for eligibility to purchase an automobile and adaptive equipment due to loss of use in hands or feet.