Back / lumbar spine decisions — 2015

The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) for further development and examination.

The Veteran's lumbar spine disability was rated at 20 percent from August 5, 2003 to April 21, 2010. From April 21, 2010 to April 30, 2010, the rating increased to 40 percent.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a higher rating for his back disability were denied. The appeal is not about service connection at all.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference Board hearing. The Veteran did not attend his scheduled hearing and requested rescheduling due to an address change.

The Veteran's representative withdrew the appeal for service connection of a low back disability before the Board could make a decision.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling VA examinations to determine if the Veteran's lumbar spine, cervical spine, and headache disorders are related to service.

The Veteran's initial ratings for lumbar strain with DDD and bilateral lower extremity radiculopathy were denied as her conditions did not meet the criteria for higher disability ratings under VA rating criteria.

The Veteran's lumbar strain with degenerative disc disease is currently rated at 40 percent, effective October 31, 2009. His right and left hip conditions are each rated at 10 percent. Seasonal allergies with periodic epistaxis do not warrant a compensable rating.

The Veteran's lumbar spine disability was rated at 0 percent prior to August 19, 2009. The evidence does not show any limitation of motion or other compensable symptoms during this period.

The Board denied the Veteran's claims of entitlement to service connection for a neck and low back disability, finding that his current disabilities do not relate to an in-service injury or were not caused by or aggravated by a service-connected left knee disability.

The Board has remanded the case to obtain a new VA examination to address whether the Veteran has neurological manifestations of service-connected low back strain, and if so, whether they are related to his military service.

The Board has determined that the Veteran's cervical spine, lumbar spine, and right knee disabilities are related to service and have granted service connection for all three conditions.

The Board has determined that the Veteran's current cervical and lumbar spine disability did not have its onset during military service, within one year of separation from active duty, and is not otherwise related to active military service.

The Veteran's lumbosacral strain disability was rated at 10 percent prior to March 2, 2007 and increased to 20 percent effective from that date. The Board found the current rating of 20 percent is appropriate.

The Board has remanded the case for further development and consideration of all issues on appeal, including service connection claims and compensation under 38 U.S.C.A. � 1151.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment records and scheduling a VA examination to assess the current severity of his bilateral hearing loss disability. Additionally, another VA examination will be scheduled to determine if the Veteran's currently diagnosed lumbosacral strain is etiologically related to his active duty service.

The Veteran's claims for increased ratings for his lumbar spine and lower extremity disabilities were denied. The Board found that the evidence did not support a higher rating.

The Board has granted service connection for a back disability and a right first metatarsal disability, both found to be related to the Veteran's service-connected conditions. Service connection for PTSD was not addressed in this decision.

The Veteran's lumbosacral spine strain is currently rated at 20 percent, effective from September 30, 2008. The Board has granted service connection for major depression and adjustment disorder under the theory of new and material evidence.

The Board has found that the Veteran's lower back disability was not aggravated by service and therefore denied his claim for service connection. The hearing loss disability is being remanded as the February 2011 VA examination opinion relied solely on the Veteran's normal separation hearing test, which may be inadequate.