Back / lumbar spine decisions — 2015

The Board has decided to remand the case for additional development, including obtaining SSA records, service treatment records, private treatment records, and VA treatment records. The Veteran will also be afforded a new VA examination to determine the nature and etiology of his current back disabilities.

The Veteran's claim for additional dependency benefits was granted with an effective date of December 1, 1995.

The Veteran's claims for service connection are being remanded due to the need for additional evidence, including service personnel records and VA treatment records. The Veteran also needs a VA audiological examination to determine if his hearing loss is related to service.

The Veteran's lumbar spine disability, characterized by DDD at L4-5, has been productive of pain and limited motion but no ankylosis. The current rating of 20% is the highest available under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal includes claims for increased ratings and TDIU based on service-connected disabilities, including intervertebral disc syndrome with degenerative arthritis of the lumbar spine, sensory deficit of the left lower extremity, chondromalacia patella and degenerative joint disease of the left knee, chondromalacia patella and degenerative joint disease of the right knee. The appeal is currently pending due to a scheduling issue for a videoconference hearing.

The Veteran's appeal for increased ratings and service connection was denied. His hearing loss claim was not found to meet VA criteria for a disability rating, while his lumbar spine disability received noncompensable ratings.

The Board has reopened the claim for secondary service connection due to the Veteran's bilateral knee disabilities, but denied direct service connection.,The evidence does not support a finding of direct causation or aggravation by the service-connected knee disabilities.

The Board has determined that the Veteran was not entitled to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318 due to a lack of entitlement under the law, as he did not meet the criteria for receiving such benefits.

The Board has remanded the case due to inadequate examination and incomplete treatment records. The Veteran's low back disability is being reviewed for service connection.

The Veteran's tinnitus is found to have originated during his active service, and the Board grants service connection for this condition. The low back disorder, acquired psychiatric disorder, and hepatitis C claims are remanded for further development.

The Veteran's claims for service connection and TDIU are being remanded due to inadequate medical opinions in the previous VA examinations.

The Board has remanded the case for additional development to address issues of service connection for lumbar spine disability, sinusitis, and URI. The Veteran's claims are currently pending.

The Board denied a rating in excess of 40 percent for degenerative arthritis of the lumbar spine, but granted separate ratings for radiculopathy of the right and left lower extremities.

The Board has determined that the Veteran's service-connected disabilities prevent him from securing and following substantially gainful employment, and thus grants a TDIU rating on an extraschedular basis.

The Board has remanded the case for further development, including a VA spine examination to address the etiology of the Veteran's diagnosed thoracic and lumbar spine disabilities. The claims will be readjudicated after this additional evidence is considered.

The Board has determined that the appellant does not have residuals of a heat injury, left knee disability, or low back disability as a result of service. The claim for right arm neuropathy is denied due to lack of evidence linking it to service.

The Board has determined that the Veteran's claims of service connection for a gastrointestinal disorder, low back disorder, arthritis, left leg disability, and right leg disability have been denied as they are not supported by evidence showing causation or aggravation in-service.

The Veteran's urinary incontinence is currently rated at 20 percent, and his fecal incontinence is rated at 10 percent. The Board found that the current ratings are appropriate based on the severity of symptoms.

The Board has remanded the case for additional development due to inadequate factual premise and incomplete medical opinion in a prior VA examination.

The Veteran's exposure to solvents during his period of honorable service from February 1977 to August 1979 contributed to the development of his current cirrhosis, and the Board finds service connection for cirrhosis is warranted.