Back / lumbar spine decisions — 2015

The Veteran's appeal was denied as his service-connected low back disability did not warrant a higher initial rating, and he failed to establish service connection for his left shoulder or right shoulder disorders.

The Veteran's claim for a higher evaluation of her chronic low back strain is being remanded due to the need for additional development, including obtaining updated VA treatment records and considering any new evidence added since the last statement of the case. The AOJ should also obtain an addendum opinion regarding whether there are neurological manifestations such as headaches.

The Veteran's lumbar strain status post laminectomy and associated radiculopathy of the left and right lower extremities have been granted increased evaluations.

The case is being remanded to the Agency of Original Jurisdiction (AOJ) for further review, including scheduling a videoconference hearing before the Board.

The Veteran's appeal is remanded due to the need for an addendum VA examination and additional development of his medical records.

The Veteran's appeal is being remanded to obtain additional service treatment records and VA treatment records, as well as to schedule the Veteran for a VA audiology and psychiatric examination. The claims will be re-adjudicated after these actions.

The Board has determined that the Veteran's hypertension and diabetes mellitus are not related to his military service, as there is no evidence of in-service injury or disease. The low back disability is denied due to lack of medical nexus.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine is being remanded due to incomplete records and the need for further examination.

The Board has determined that the Veteran is entitled to a TDIU rating due to his service-connected disabilities, considering his education and occupational background.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding service connection and causation of the Veteran's low back disability.

The Veteran's TDIU claim was granted with an effective date of February 17, 2007, but no earlier. The decision is based on the evidence showing that he had more than marginal employment until February 16, 2007.

The Board has decided to remand the case due to inadequate response in the addendum opinion, and the Veteran's claim for service connection for a back disability will be reviewed again with additional medical examination.

The Board has determined that the Veteran's current low back disorder was not incurred or aggravated by service and may not be presumed to have been so incurred or aggravated. The VA examiner found it less likely than not that the current degenerative disc disease of the lumbar spine is related to his military service.

The Veteran's claims for increased ratings for bilateral hearing loss and low back strain with mild spondylosis at the level of the 1st and 2nd lumbar vertebrae were both denied as his conditions did not warrant a higher evaluation.

The Board has ordered a remand due to the need for additional development and clarification of opinions regarding the Veteran's right hip and thoracolumbar spine disabilities, which are claimed as secondary to his service-connected right hamstring disability.

The Veteran's GERD was rated at 10 percent prior to December 3, 2010 and increased to 30 percent effective from that date. The criteria for a higher rating are not met.,For lumbosacral strain, the Veteran received a 10 percent rating prior to December 3, 2010 and a 20 percent rating effective from that date. The criteria for a higher rating are not met.,The Veteran's postoperative residuals of a stress fracture of the right ankle were rated at 20 percent since July 1, 2007. The criteria for a higher rating are not met.

The Board has granted an effective date of April 29, 2002 for the award of service connection for PTSD with MDD. The Veteran's claims for increased ratings and service connection have been withdrawn.

The Veteran's claim for service connection for lumbar fusion and spondylosis, claimed as back pain, was granted. Service connection was denied for numbness and tingling of the bilateral upper and lower extremities.

The Board has determined that the Veteran's claimed shoulder, hip and low back disorders are not related to service. The evidence does not support a finding of in-service injury or disease for any of these conditions.

The Veteran's claims for increased ratings and a compensable rating for bilateral hearing loss were denied. The back disability was rated at 20 percent, the right foot disability at 10 percent, and tinnitus received its maximum schedular rating of 10 percent.