Back / lumbar spine decisions — 2015

The Veteran's left shoulder disability, manifested by arthritic changes around the AC joint, had its onset in service and is currently diagnosed. The Board grants service connection for this condition.

The Veteran's claim for PTSD was denied, but he is now granted TDIU based on his service-connected disabilities.

From January 20, 2012, the Veteran's lumbar spine disability is manifested by pain, weakened movement, pain on movement, arthritis shown by x-ray findings, and forward flexion limited to 30 degrees or less. The Board finds that a rating of 40 percent is warranted for this period.

The Board found that the Veteran's lumbar spine disability did not have its clinical onset in service and is not otherwise related to active duty or a service-connected disability.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a spine examination to determine the etiology of the Veteran's cervical, thoracic, and lumbar spine disorders.

The Board has restored the Veteran's 50% rating for acquired flat foot, effective December 1, 2007. The issue of reopening his claim for service connection for lumbar potts disease is remanded to provide a Statement of the Case.

The Board has reopened the claims for service connection for a lumbar spine disorder and bilateral hearing loss, finding that new and material evidence has been received to support these claims. The Veteran's current conditions are found to be related to his active service.

The Veteran has withdrawn all issues on appeal, including service connection for posttraumatic stress disorder and Epstein Barr Virus.

The Board has determined that the Veteran's lumbar spine disorder, including degenerative spondylolisthesis, spinal stenosis, and spondylosis, was incurred during active duty service.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and likely etiology of his back condition, hypertension, and insomnia. The claims file must be updated with any VA treatment records since April 2012.

The Veteran's claims for service connection for degenerative disc disease of the lumbar spine, cervical spine, and fibromyalgia are being remanded due to outstanding records from her military service and private healthcare providers.

The Veteran's lumbar spine degenerative disc and joint disease was rated at 10 percent prior to July 19, 2012. The right lower extremity radiculopathy associated with the lumbar spine degenerative disc and joint disease was also rated at 10 percent prior to November 1, 2012.

The Veteran's claim for TDIU is being remanded due to the need for additional examinations and records, including VA Vocational Rehabilitation folder/records.

The Board has remanded the case for several reasons, including clarifying whether the Veteran desires new representation and scheduling a videoconference hearing. The claims of service connection for lumbar spine disability and bilateral lower extremity radiculopathy, as well as the claim for TDIU, are pending.

The Board finds that the Veteran's current low back disability is not related to his in-service injury, and thus service connection for degenerative disc disease and arthrosis of the lumbar spine is denied.

The Board has remanded the case due to the need for a new VA examination and additional development of records.

Service connection for arthritis in the hands is not granted as there is no evidence of such condition during service or within one year thereafter.,The claim to reopen the matter of service connection for bilateral hearing loss is denied as new and material evidence has not been received that relates to an unestablished fact necessary to substantiate the claim (no noise exposure in service).,The claim to reopen the matter of service connection for a back disability is denied as new and material evidence has not been received that relates to an unestablished fact necessary to substantiate the claim (no current chronic back disability shown).,New and material evidence has been received to reopen the matter of service connection for a left ankle disability. The Veteran now has a diagnosed left ankle osteoarthritis.

The Board has remanded the case for additional development, including a VA spine examination to determine the nature and etiology of the Veteran's claimed lumbar spine disability. The issue on appeal is service connection for a lumbar spine disability.

The Veteran's tinnitus is found to be related to active duty service. The issues of bilateral hearing loss, mechanical low back pain, and residual scar of an excised ganglion cyst of the left wrist are addressed in the REMAND portion.

The Veteran's active duty service was less than 90 days during the Persian Gulf War era, and he did not meet eligibility requirements for VA home loan benefits based on his Selected Reserve service due to a discharge for failing medical fitness standards.