Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded due to the need for a statement of the case in response to his disagreement with the initial rating assigned for bilateral hearing loss, and a videoconference hearing before a Veterans Law Judge will be scheduled.

The Board found that the Veteran's current lumbar spine disability did not manifest during or as a result of active military service and is less likely due to his service-connected vestibular disorder. Therefore, service connection for this condition was denied.

The Veteran's low back disability and right lower extremity radiculopathy were granted, but the ratings for both conditions have been determined to be appropriate.

The Board has determined that the Veteran does not have current diagnoses of a low back disability or bilateral knee disability, and thus service connection for these conditions is denied.

The Veteran's claim for a rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied as his disability does not meet or approximate criteria for a higher rating.

The Board has determined that the Veteran's spouse does not meet the criteria for an aid and attendance allowance as her disabilities do not render her unable to care for her daily needs without requiring the regular aid and attendance of another person.

The Veteran's service-connected degenerative arthritis of the lumbar spine does not meet or approximate the criteria for a disability rating higher than 40 percent.

The Board has remanded the case for clarification of VA medical opinions and a new VA examination to address the nature and etiology of the Veteran's claimed GERD. The issues are whether service connection should be granted based on secondary service connection or reopening due to new evidence.

The Veteran's lumbar spine disability was rated at 10 percent prior to September 16, 2014 and increased to 20 percent since that date.,For the right foot, a separate 10 percent rating is assigned for hallux rigidus with degenerative arthritis. For the left foot, a 10 percent rating is assigned for degenerative arthritis of the first metatarsophalangeal joint.

The Veteran's osteophytosis of the lumbar spine has been rated at 40 percent, which is the maximum schedular rating available for this condition. The Board finds that his disability does not meet or approximate the criteria for a higher initial rating.

The Board has granted service connection for bilateral hip, knee, and low back disabilities as secondary to the Veteran's service-connected foot disability.

The Board has remanded the case for additional development, including obtaining medical records and scheduling an examination to determine the nature and etiology of any cervical disability and the current severity of service-connected myositis and costochondritis. The Veteran's claims for increased ratings will also be considered.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting SMC based on the need for aid and attendance.

The Veteran's claim for service connection for low back injury with herniated discs and arthritis is being remanded due to the need for additional medical examination and records review.

The Veteran's lung disorder, bilateral foot disorder, and back disorder are not service-connected.,The Veteran has current diagnoses of a lung disorder, bilateral foot disorder, and back disorder. However, the evidence does not establish that these conditions were incurred in or aggravated by service.

The Veteran's appeal is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran's bilateral peripheral artery disease is related to his service-connected hypertension and therefore grants service connection for this condition. The issue of service connection for a back disability remains pending.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board denied the Veteran's claims that a December 1997 rating decision, which denied service connection for a back disability and feet and ankles swelling and bleeding, was clearly and unmistakably erroneous.

The Veteran's thoracolumbar strain, claimed as a back strain, was not manifested in service and the preponderance of evidence is against finding it is related to service or caused by service. Therefore, the claim for service connection has been denied.