Back / lumbar spine decisions — 2015

The Board denied the Veteran's claim for independent living services under Chapter 31 of Title 38, U.S.C., due to his current service-connected conditions and lack of feasibility in achieving a vocational goal.

The Veteran's lumbar spine disability is currently rated at 10 percent, and his IBS prior to June 2, 2014 was also rated at 10 percent. However, from June 2, 2014, the rating for IBS has been increased to 30 percent.

The Veteran's service-connected disabilities, including his back pain and mood disorder, have rendered him unable to engage in substantial gainful employment. The Board has determined that the criteria for a TDIU are met.

The Board determined that a timely substantive appeal was perfected for the Veteran's claims of service connection for an undifferentiated-type schizophrenic reaction and low back injury residuals. The claim for the former was granted, while the latter was reopened due to new evidence.

The Veteran's bilateral hearing loss was reduced from 40 percent to 10 percent effective January 1, 2011. The Board restored the 40 percent evaluation for his bilateral hearing loss. Service connection for a low back disability is granted.

The Veteran's appeal involves multiple service connection claims for various conditions, including PTSD, chronic fatigue syndrome, and undiagnosed illnesses. The case is being remanded due to the need for a Board hearing.

The Veteran's appeal is being remanded to allow for a Board video-conference hearing at the El Paso VA facility as soon as possible after April 2015. The Veteran requested additional time due to obtaining new evidence and wishes to attend his hearing at the El Paso VA facility.

The Board has granted service connection for tinnitus, finding that the Veteran's in-service noise exposure likely caused his current condition. The other conditions were not found to be related to service.

The Board has remanded the case due to incomplete service records and a need for an orthopedic examination to determine if any current lumbar spine disability is related to service.

The Veteran's appeal is remanded due to deficiencies in the Statement of the Case and a need for another VA examination. The issues on appeal are whether he should have his 40 percent evaluation restored, or if he should receive an increased rating.

The Board has determined that additional development is needed to determine the etiology of the Veteran's lumbar spine disorder and bilateral foot disorder, including whether these conditions are related to service or other factors.

The Veteran's service-connected disabilities are currently rated at a combined evaluation of 90 percent, and the case is being remanded for further development to determine if they preclude his participation in all forms of substantially gainful employment.

The Veteran's claim for a higher rating for her back disorder was denied, as the evidence did not show that her condition warranted an evaluation in excess of 10 percent. Her service connection claims for left and right hip, arm, leg disabilities were also denied.

The Board has reopened the Veteran's claim for service connection of a left shoulder disability and granted service connection. The right shoulder disability was also granted, with all issues resolved in favor of the Veteran. Service connection is also granted for degenerative disc disease of the lumbar spine.

The Veteran withdrew his appeal for the claims of entitlement to an initial disability rating in excess of 20 percent for a lumbar spine disability, and initial compensable disability ratings for radiculopathy of the right and left lower extremities.

The Veteran's claims for increased ratings for his service-connected lumbosacral strain, patellofemoral syndrome with degenerative joint disease of the right knee, and patellofemoral syndrome with degenerative joint disease of the left knee are being remanded due to the need for additional development.

The Board has reopened the Veteran's claims for service connection for a low back disorder and depression, but denied them on their merits.

The Veteran's claims for service connection for headaches, back disability, stomach disability, left shoulder disability, right ankle disability, and left ankle disability have been reopened. The evidence is at least in relative equipoise as to whether these conditions are related to service.,The Veteran's claim of service connection for a disability manifested by chest pain has also been reopened. The evidence is at least in relative equipoise as to whether this condition is related to service.

The Veteran's claim for an initial disability rating in excess of 10 percent for her service-connected low back condition is being remanded due to the inadequacy of a previous VA examination and the need for updated treatment records.

The Veteran's claims for increased evaluations for musculogiamentous low back strain and degenerative discogenic/arthritic changes of the cervical spine were denied as there is no evidence of unfavorable ankylosis or IVDS, which would warrant higher ratings.