Back / lumbar spine decisions — 2015

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including new examinations.

The Board has ordered a remand due to the need for an adequate opinion regarding whether the Veteran's service-connected right knee disability aggravated his low back disability. The case is now being returned to the RO for further action.

The Veteran's claim for an increased rating for his thoracolumbar spine disability is being remanded due to the need for additional VA treatment records and a new examination.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes and therefore, service connection for bilateral hearing loss is denied. The claim for service connection for a pars fracture of the lumbar spine is remanded for further development.

The Veteran's TDIU claim was granted effective May 1, 1997 due to the combined rating of his service-connected disabilities meeting the minimum criteria for entitlement to benefits. The DEA claim was granted effective May 5, 1994, when he first demonstrated a permanent and total disability.,The Veteran's unemployability is based on his service-connected lumbar, cervical, thoracic spine, bilateral joint degenerative arthritis, right elbow contracture with ulnar nerve compression symptoms, and multiple joint chondromalacia. The VA examinations and private rehabilitation counselors' statements support the conclusion that he cannot secure or follow a substantially gainful occupation due to these disabilities.

The Veteran's service-connected disabilities preclude him from securing and following a substantially gainful occupation consistent with his education and occupational background, warranting a TDIU.

The Veteran's claims for increased ratings for bilateral metatarsalgia with calluses, low back strain with degenerative changes, and arthritis of the thoracic spine were denied. The Board also denied a TDIU claim.

The Board finds that the Veteran's chronic low back disability, including lumbar DDD with mild bulges at L4-L5 and L5-S1, early degenerative changes from L3-L5-S1 level, was not incurred or aggravated during his military service. The medical evidence does not support a finding of in-service incurrence or aggravation.

The Board has remanded the case due to inadequate medical opinions in previous decisions. The Veteran's claims for service connection and secondary service connection are now pending.

The Board has granted service connection for the Veteran's thoracic outlet syndrome with lumbar strain, finding that her current condition is related to an injury she sustained during active duty.

The Veteran's lumbosacral degenerative disc disease, endometriosis, and migraine headaches have been granted service connection with initial ratings of 10%, 10%, and 0% respectively. The lumbosacral spine disability is rated at 20% since February 8, 2013.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and providing VA examinations to address the nature, extent, and etiology of his claimed conditions.

The Board has determined that the Veteran's current disabilities of the right knee, left ankle, and right ankle are at least as likely as not related to his military service. The low back disability is not shown by the evidence to be etiologically related to his active military service.

The Veteran's service-connected lumbar spine disability and radiculopathy of the lower extremities have not met the criteria for higher ratings under applicable VA rating criteria.

The Board has determined that the Veteran's current GERD and low back disability are not related to service, and thus denied both claims.

The Veteran's appeal is being remanded for additional development, including a new VA audiological examination and spine examination. The issues of rating for hearing loss and service connection for back disorder are the focus of this remand.

The Veteran has withdrawn his appeals for service connection for residuals of an insect bite, residuals of a tapeworm infection, and low back disability.

The Board has granted the Veteran's claim for service connection for a low back disability, finding that it is at least as likely as not aggravated by his service-connected pes planus.

The Board has determined that the Veteran's claims for service connection for a skin disorder, lumbar and thoracic spine disabilities, and an acquired psychiatric disorder have been denied as there is no evidence of current disability or in-service incurrence/aggravation.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and new evidence. The Veteran is required to provide information about all medical care providers who have treated him, including VA and non-VA providers.