Back / lumbar spine decisions — 2015

The Board denied the Veteran's claims for an increased rating for his lumbar spine disability and service connection for a cervical spine disability, finding no evidence of ankylosis or incapacitating episodes related to his spine disabilities. The Board also found that there was insufficient medical evidence to establish a causal relationship between the Veteran's cervical spine disability and either his service or his service-connected lumbar spine disability.

The Veteran's low back strain is currently rated at 10 percent since November 12, 2013. The Board found that the current symptomatology does not warrant a higher rating as it did not meet the criteria for an increased rating under any applicable diagnostic code.

The Veteran's claim for an earlier effective date for TDIU is being remanded due to the need for additional development, including obtaining a retrospective opinion regarding his employability based on service-connected disabilities prior to April 22, 2009.

The Board has determined that the Veteran's current low back disability, including degenerative joint disease of the lumbosacral spine, L4-L5, is related to a fall on the obstacle course during service and grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for cervical spine and lumbar spine disabilities due to insufficient evidence linking these conditions to his military service.

The Board has remanded the case for additional development, including obtaining SSA disability benefits records and any further treatment records identified by the Veteran. The issues on appeal are whether new and material evidence has been received to reopen a claim of service connection for low back disability and entitlement to service connection for left hip disability secondary to a nonservice-connected low back disability.

The Board has determined that the VA examinations and development were not fully completed, and thus the claims are being remanded for further action.

The Board has remanded the case for a supplemental opinion regarding whether the Veteran's back disability was proximately caused or aggravated by his service-connected left knee disability. The appeal is now pending again.

The Board has determined that the Veteran's current low back disorder is related to his active duty service, and grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for arthritis of the low back and an initial compensable disability evaluation for eczema. The evidence does not show a current diagnosis of arthritis in the low back.

The Board has determined that the Veteran's lumbar spine disability had its onset during his second period of active duty service and is etiologically related to this service. Therefore, service connection for a lumbar spine disability with bilateral lower extremity radicular symptoms is granted.

The Veteran's left shoulder disability, manifested by dislocation of the clavicle or scapula with no evidence of impairment of the humerus, ankylosis, or limitation of motion to 25 degrees from the side, is rated at 20 percent under Diagnostic Code 5203.

The Veteran's claims for service connection for a back disability, shin splints, bilateral hearing loss, and tinnitus have been denied as there is no current diagnosis of these conditions.

The Board has determined that the Veteran's case requires further development due to incomplete medical records and a need for additional examinations.

The Veteran's cervical spine disability is rated at 20 percent, effective March 19, 2013. The increased evaluation was granted as the evidence showed that prior to this date, the Veteran did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's low back, bilateral hearing loss, and tinnitus disabilities were not incurred or aggravated during active service. The evidence does not show a current disability for VA purposes within one year of separation from service.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes, and thus service connection is denied. The remaining claims are addressed in the REMAND portion of this decision.

The Board has decided to remand the case for additional development, including obtaining VA medical records and providing an addendum opinion regarding the Veteran's low back disorder.

The Board has granted service connection for a low back disability and assigned a 10 percent rating. The claim of a higher rating for coronary artery disease status post stent placement is remanded.

The Board has determined that the Veteran's low back disability is service-connected, as his current symptoms are related to an in-service motor vehicle accident. The right ear hearing loss claim remains pending and will be remanded for further examination.