Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining employment records from OPM and updated VA treatment records. The hearing loss claim will also be evaluated with a new VA audiology examination.

The Veteran's service-connected multilevel degenerative disc disease and spondylosis of the lumbar spine is manifested by severe limitation of motion, but no evidence of intervertebral disc syndrome or ankylosis. The claim for a higher rating is denied.

The Board has denied the Veteran's claims for earlier effective dates for service connection due to lack of timely receipt of applications to reopen his previously denied claims.

The Board has restored a 40 percent disability rating for the Veteran's lumbar strain with degenerative disc disease, effective October 27, 2009. The decision finds that the reduction in rating was improper and grants restoration of the original rating.

The Veteran's service-connected low back disability is being remanded for a new VA examination to assess the current severity of his condition, as he contends that it has worsened since the last examination. The Veteran also requested additional treatment records.

The Veteran's back disability was granted a 20 percent rating prior to November 2, 2010 and from January 1, 2011 to February 13, 2014. He also received separate 20 percent ratings for radiculopathy of the left and right lower extremities.

The Board has determined that the service connection for undiagnosed illness with low back pain was not clearly and unmistakably erroneous, thus it is restored. The Veteran's claim of service connection for lumbar disc disease remains pending as does his TDIU claim.

The Veteran's service-connected disabilities, when taken in conjunction with his education and occupational experience, are insufficient to preclude his participation in all forms of substantially gainful employment. Therefore, the claim for a total disability rating based on individual unemployability is denied.

The Board has reopened the claim for service connection for a low back disability and finds that new evidence received since the August 1994 decision supports a finding of chronicity of symptoms after service, warranting presumptive service connection.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a disability of the lumbosacral spine. The Veteran's low back disability is being remanded for further development, including obtaining medical opinions.

The Board has determined that the Veteran's hearing loss did not manifest to a degree of ten percent or more within one year after separation from service, and therefore does not meet the criteria for presumptive service connection. The low back disability was not shown to be related to service.

The Board found that the Veteran's current back disability, diagnosed as lumbar myositis and mild spondylosis, is not related to his active service. The claim for service connection was denied.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for a back disability. However, after reviewing all available evidence, including VA examination reports and private medical records, the preponderance of the competent and credible evidence does not show that the Veteran's current back or left knee disabilities are related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination. The issue of entitlement to a temporary 100 percent evaluation due to hospitalization for service-connected PTSD requires issuance of a statement of the case.

The Board has decided to remand the case for further development due to missing treatment records and insufficient opinions regarding the relationship between the Veteran's low back disability and service.

The Veteran's lumbar and cervical spine disabilities were evaluated at 10 percent prior to September 2, 2010, and the Board found that these evaluations did not meet the criteria for higher ratings under the applicable rating schedule.

The Board denied the Veteran's claims for service connection for a low back disability, bilateral hearing loss, and entitlement to increased evaluations for anxiety disorder and headaches. The decision also noted that the Veteran did not meet criteria for TDIU due to his service-connected disabilities.

The Board denied the Veteran's claim for a TDIU, finding that his service-connected disabilities did not meet the criteria for an extra-schedular rating.

The Board has determined that the Veteran's current back disability is not causally or etiologically related to his complaints during service, and therefore denied his claim for service connection.

The Board found that the Veteran's back disability, including T12 compression fracture, lumbar facet arthropathy, and lumbar degenerative disc disease, is not caused by or aggravated by his service-connected right and left knee disabilities.