Back / lumbar spine decisions — 2015

The Veteran withdrew his appeal for the issues of service connection for a skin rash and left ankle disability prior to the Board's decision.

The Veteran's claim for service connection for a lung disability, including asbestosis and mesothelioma was reopened due to new evidence. Service connection is granted for mesothelioma, low back disability, bilateral hip disability, right knee disability, left knee disability, and depression.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the nature and etiology of his claimed left foot and lumbar spine disabilities.

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's back disability and scoliosis, as well as a need for additional VA examinations.

The Board has determined that the Veteran's service-connected disabilities have rendered him unemployable, but has not yet decided whether he is entitled to a higher rating for his posttraumatic phlebitis of the right leg or an initial rating in excess of 50 percent for his psychiatric disability.

The Veteran's appeal is being remanded to the RO for scheduling a Board videoconference hearing. The issues of service connection and rating for various conditions are pending.

The Board granted service connection for residuals of a lumbar strain and assigned an initial 20 percent rating effective from January 1, 2013. The Veteran's headaches are rated as 50 percent disabling, effective from April 2014. The TDIU claim is also granted.

The Veteran's low back disability is rated at 40 percent, and he is granted a separate 10 percent rating for radiculopathy of the left lower extremity. The Board denied his TDIU claim as his service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board has determined that the VA examination reports are not adequate to decide the Veteran's claim and therefore, a remand is necessary for further development.

The Board has remanded the Veteran's claims for bilateral pes planus and lumbar spine disorder to include spinal stenosis due to potential issues with the adequacy of the July 2013 VA examination, as well as the need for additional medical records.

The Board has reopened the claim of service connection for PTSD and found new and material evidence to support it. However, the claims for psychiatric disorder, hepatitis C residuals, thoracolumbar spine disorder, headaches, neck disability, and left knee disability have been denied as there is no current diagnosis or sufficient evidence linking these conditions to service.

The Board found no evidence to support a finding that the Veteran's current low back disability had its onset in service or is otherwise related to active duty, including his claimed in-service back injury.

The Board has determined that the Veteran's lumbosacral and cervical spine disabilities are related to his active duty service, resulting in a grant of service connection for these conditions.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of 10 percent for chronic depression, degenerative disc disease of the lumbar spine prior to October 23, 2002, or degenerative arthritis of the left knee prior to October 6, 1999.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before a Veterans Law Judge. The claims related to the initial rating, effective date, and TDIU are pending.

The Veteran's claims for a higher rating for his lumbar spine disability and TDIU were denied. The Board found that the evidence did not support an increased rating or entitlement to TDIU.

The Board found that the appellant's cervical and thoracolumbar spine disabilities did not manifest during service or within one year thereafter, and are not related to his active service. The claim for service connection was denied.

The Board has remanded the case for further development due to inadequate examination and opinion regarding whether the Veteran's low back disorder is caused or aggravated by his service-connected bilateral knee disabilities.

The Board has determined that the Veteran's bilateral hip and lumbar spine disabilities are not related to service, nor is his hearing loss disability compensable.

The Board has remanded the case due to inadequate VA examinations and further examination is required. The Veteran's service-connected disabilities are being evaluated for their impact on his need for aid and attendance or housebound status.