Back / lumbar spine decisions — 2015

The Board finds that the Veteran does not have a current lung disorder related to in-service asbestos exposure or otherwise related to his active service. The Board also finds that there is no evidence of a current back disability and concludes that any such disability is less likely than not incurred during his period of active service.

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, including scoliosis, as there was no evidence of an in-service injury or disease that could be linked to his current condition.

The Veteran's low back disability is not shown to meet the criteria for a rating in excess of 10 percent prior to August 21, 2013, and/or in excess of 40 percent from that date.

The Veteran's claim for service connection for a low back disability is granted, as the evidence shows that his current low back disability was incurred in active service. The issue of increased rating for PTSD remains pending and will be addressed in a separate remand.

The Veteran's cervical and lumbar spine disabilities have been rated at 20 percent since May 4, 2011. The criteria for a higher rating are not met.

The Board denied service connection for radiculopathies of the right upper extremity, finding no current disability and insufficient evidence to link any existing condition to service or a service-connected disorder.

The Veteran's claims for increased rating of lumbar spine disability and service connection for bilateral hearing loss were denied. The claim for TDIU was not addressed as it is part of the remand.

The Board has determined that the Veteran does not have a service-connected disability and therefore cannot be granted service connection for his low back disorder. Additionally, he is not deemed unemployable due to any service-connected disabilities.

The Board denied the Veteran's claim for an effective date earlier than November 9, 2010 for a 10 percent disability rating for sciatic nerve impairment affecting his right lower extremity. The decision found that the MRI study received by VA on November 9, 2010 was not received until then and thus did not constitute an informal claim filed earlier.

The Veteran's low back disability was rated at 20 percent prior to July 8, 2014 and increased to 40 percent thereafter. The effective date for the 40 percent rating is July 8, 2014.

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

The Board has remanded the case for additional development due to inadequate medical opinions. The Veteran needs a new VA examination to determine if his low back disability is related to service, including dishonorable service.

The Veteran's claim for an annual clothing allowance was denied by the AOJ, and the case is being remanded due to incomplete records and need for further examination.

The Veteran's degenerative disc disease of the lumbar spine with bilateral radiculopathy was not aggravated beyond its natural progression by service.

The Veteran's claim for an increased rating for his service-connected degenerative joint disease of the lumbar spine was denied. The Board also found that there is no evidence to support a right shoulder disability during his period of active duty, and thus denied service connection for this condition.

The Board has determined that the Veteran's lower back disability is service-connected as it is related to his in-service injury and post-service treatment, with reasonable doubt resolved in favor of the Veteran.

The Veteran's claims for PTSD, major depression, hypertension, diabetes mellitus, autoimmune hepatitis, hyperlipidemia, a heart condition, sarcoidosis, and a back disability have all been denied as there is no evidence of these conditions during service or related to service.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the earliest available opportunity. The RO will notify the Veteran of the date and time of the hearing, in accordance with 38 C.F.R. § 20.704(b).

The Board has granted service connection for the Veteran's low back disability, finding that it had its onset during his active service. The claim for an anxiety disorder is being remanded due to additional development needed.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for a back disability, an acquired psychiatric disorder (likely PTSD), and left ear hearing loss. The Veteran's current complaints of these conditions are considered part of his ongoing treatment history.