Back / lumbar spine decisions — 2015

The Veteran's claims for tinnitus, back disability, sleep disorder (chronic fatigue), and elbow disability have been reopened. Service connection has been granted for tinnitus. The remaining issues are still under review.

The Board has decided to remand the Veteran's appeal due to scheduling issues for a hearing before a Veterans Law Judge, via videoconference. The Veteran was originally scheduled for a hearing on August 13, 2014, but his representative requested rescheduling due to previously scheduled hearings with the Social Security Administration.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a low and mid back disorder, as the submitted evidence is cumulative of previous records.

The Board has reopened the claims for service connection for a low back disorder and an acquired psychiatric disorder, to include bipolar disorder and PTSD. The Veteran's current conditions are not related to his military service.

The Board found that the Veteran's lumbar strain is causally related to his in-service back injury due to an improvised explosive device (IED) explosion, and granted service connection for this condition.

The Board finds that the Veteran's low back disability is related to service and grants service connection for it. However, there is no evidence of a right shoulder disorder during or after service, so service connection for this condition is denied.

The Board has remanded the Veteran's claims for lumbar and cervical spine disabilities due to incomplete development of the record.

The Veteran was found to be unemployable due to service-connected disabilities from August 17, 1989, to September 22, 2002, and a TDIU on an extraschedular basis is granted for this period.

The Veteran's lumbosacral strain and right hand disability were granted initial ratings of 20 percent, while the iliotibial band syndrome of the left knee was found to warrant a non-compensable rating. Lower extremity radiculopathy associated with lumbosacral strain was not separately rated.

The Board is remanding the case for additional development, including obtaining sick and morning reports from the National Personnel Records Center, securing records related to the Veteran's Workman's Compensation claim following a plane crash in 1984, and providing an opinion regarding whether his back disability is related to service.

The Veteran's low back disability and bilateral hearing loss were not incurred or aggravated in service. The Board denied the claims as there was no evidence of a nexus to service.

The Board has remanded the case for additional development, including obtaining a new VA medical opinion and scheduling an examination to address the etiology of the Veteran's claimed back disability. The appeal is now pending again.

The Veteran's lumbar spine disability with radiculopathy has not met the criteria for a rating in excess of 10 percent prior to November 9, 2007, and from January 1, 2008, to July 28, 2008. From July 29, 2008, to March 14, 2010, the disability has not met the criteria for a rating in excess of 20 percent. Since November 1, 2012, the disability has not met the criteria for a rating in excess of 40 percent.

The Veteran's lumbar spine disability is rated at 40% since December 9, 2011. Separate ratings of 10% are assigned for right and left lower extremity radiculopathy as manifestations of the service-connected lumbar spine disability. The bladder impairment claim is addressed in a separate section.

The Veteran's low back disorder is claimed to be aggravated by a May 1965 motor vehicle accident during service. The Board has determined that the Veteran cannot bring a claim for service connection due to his pre-existing condition, and instead must prove aggravation of the condition.

The Veteran's low back condition, including arthritis and degenerative disc disease, is currently rated at 10 percent. The Board finds that the evidence does not support a higher rating.

The Veteran's appeal is remanded due to the need for additional development, including a new VA examination and obtaining all outstanding VA medical records.

The Veteran's appeal is being remanded due to his failure to attend a scheduled personal hearing before the Board of Veterans' Appeals. The case will be returned for further action.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and issuance of a statement of the case regarding his claim for an initial rating higher than 10 percent for residuals of viral encephalitis from January 20, 2006 to April 30, 2009.

The Veteran's back disability was granted a 10 percent rating, and his right lower extremity radiculopathy received a separate 20 percent rating. The current effective date is October 23, 2012.