Back / lumbar spine decisions — 2015

The Veteran's sinusitis and rhinitis have not met the criteria for a rating in excess of 10 percent, as he did not experience incapacitating episodes or significant nasal obstruction.,Tinnitus was not shown to be related to service.

The Board found that new and material evidence has not been submitted to reopen the claim for service connection for a low back disability, as it did not provide an unestablished fact necessary to substantiate the claim.

The Board has dismissed the appeals due to the appellant's withdrawal of these appeals.

The Board has reopened the claim for service connection for a low back disorder and granted service connection. The Veteran's right and left knee disorders, recurrent cysts behind both ears (claimed as ear drainage from the back of the ears), and sleep disorder are not supported by evidence showing they were incurred in or aggravated by service.

The Veteran's claims for service connection have been reopened, but the Board has not decided whether new and material evidence has been received to reopen each individual claim. The initial rating for depressive disorder remains denied.

The Board has determined that the Veteran's claimed low back and left wrist disabilities were not incurred or aggravated in service, and thus denied his claims for service connection.

The Board has granted service connection for diabetes mellitus, type II (diabetes), and denied the Veteran's claims of entitlement to service connection for bilateral hearing loss, bilateral tinnitus, and a low back condition. The decision is based on evidence showing exposure to herbicide agents during service at U-Tapao Royal Thai Air Force Base in Thailand.

The Veteran's claims for service connection of a right shoulder disability, a right hip disability, and a back disability are being remanded due to the need to obtain additional medical records and provide new examinations.

The Veteran's claims for service connection were denied as his claimed conditions did not manifest during active duty or due to undiagnosed illness.

The Veteran's claims for service connection for lumbar and cervical spine disorders, as well as a higher rating for her bilateral pes planus with plantar fasciitis, are being remanded due to the need for additional development including obtaining medical records and scheduling VA examinations.

The Board finds that the Veteran does not have a current cervical or lumbar spine disability that is related to service. The VA examiner opined that the Veteran's current neck and back conditions are not caused by or a result of service.

The Veteran's service-connected cervical and lumbar spine disabilities are each rated at 20 percent, but the Board finds that these ratings do not meet or more nearly approximate the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the criteria for TDIU.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board found no clear and unmistakable error in the September 1990 rating decision, but granted service connection for radiculopathy of the right lower extremity with an effective date of May 25, 2011. The Veteran's claims for right hip disability and left knee disability were not addressed as they were secondary to lumbar spondylosis.

The Board has granted service connection for a back disability, but the issues of entitlement to service connection for left and right knee disabilities are remanded due to inadequate VA examination reports.

The Board has remanded the case for further development and examination, including obtaining service treatment records, verifying hazardous chemical exposure, and scheduling VA examinations.

The Veteran's claim for payment or reimbursement of medical treatment rendered at non-VA facilities is denied as the care was not rendered in a medical emergency and VA facilities were feasibly available.

The Board has determined that the Veteran does not have DJD of the lumbar spine, COPD, CAD with atrial fibrillation, or GERD due to any incident of his active duty service. The preponderance of evidence is against these claims.

The Board has remanded the Veteran's claims for additional development due to inadequate reasons and bases provided in their previous decisions. The case is now pending further action.