Back / lumbar spine decisions — 2015

The Veteran's thoracolumbar spine disability was granted an increased rating to 20 percent, effective July 31, 2008. Service connection for a cervical spine disability was denied as not secondary to the service-connected thoracolumbar spine disability.

The Veteran's service connection claims for degenerative disc disease, bilateral hearing loss, and tinnitus were denied as there is no evidence of a nexus to his military service.,Service connection was not granted because the Veteran did not have any diagnosed conditions related to his in-service noise exposure.

The Board has remanded the case for a new VA opinion regarding the relationship of the Veteran's current foot disorders to service. The remaining claims are inextricably intertwined with the issue of entitlement to service connection for a bilateral foot disorder and cannot be adjudicated at this time.

The Veteran's appeals have been withdrawn prior to the Board issuing a decision.

The Veteran's low back strain is currently rated at 40 percent, and the Board has determined that this rating adequately reflects her disability.

The Board denied the Veteran's claim for a total rating based upon individual unemployability due to service-connected disabilities (TDIU). The case was remanded multiple times, but ultimately the TDIU claim was denied.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling a Travel Board hearing.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's previously denied claims for service connection of heart disability, psychiatric disorder (including PTSD), and low back disorder. The Veteran does not have current diagnoses or disabilities related to his bilateral hands, knees, hips, chloracne, peripheral neuropathy, or tinnitus.

The Veteran's lumbar myositis is currently rated at 20 percent, but the VA examination and treatment records indicate that his symptoms do not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected lumbar spine disability, which includes chronic lumbosacral strain and multilevel degenerative disc disease, does not meet the criteria for a rating in excess of 40 percent due to lack of incapacitating episodes or unfavorable ankylosis.

The Board found that the Veteran's current low back disability is not related to his service, and denied his claim for service connection.

The Board has remanded the case due to inadequate opinion regarding service connection for low back and left hip disabilities. The issues of service connection are inextricably intertwined, so a decision on one issue cannot be rendered until the other is considered.

The Board has remanded the claims for a lumbar spine disability, bilateral hearing loss, and tinnitus to be reviewed by a Decision Review Officer (DRO) due to the Veteran's request for de novo review. The PTSD claim is also being remanded for DRO review.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining relevant service treatment records and scheduling VA examinations.

The Veteran's low back disability, left and right sciatic nerve impairments have been rated at 10 percent since August 22, 2014. The appeal for higher ratings is denied.

The Veteran's claim of service connection for a lower back disability is being remanded due to the need for a videoconference hearing.

The Board denied service connection for a low back disability claimed as secondary to the service-connected irritable bowel syndrome (IBS). The Veteran's IBS is currently rated at 30 percent, and there are no exceptional circumstances warranting an increased rating. The TDIU claim was also denied.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a low back disability, which is now granted. The Veteran's current low back and right hip disabilities are found to be at least as likely as not caused by his service-connected knee disabilities.

The Veteran's appeal is being remanded for further development of her service-connected hypothyroidism and low back disability.

The Board found that a current thoracolumbar spine disability was not present until many years after separation from active duty and is unrelated to service. The Veteran's hearing loss and tinnitus were also determined to be unrelated to service.