Back / lumbar spine decisions — 2015

The Veteran's claims for service connection for left ear hearing loss, right ear hearing loss, tinnitus, low back disorder, and bilateral foot disorder have been granted. The evidence supports these findings.

The Veteran's initial claim for a higher rating for his cervical spine disability was granted, and he is now rated at 20 percent effective January 31, 2011. The VA examiner found that the Veteran's range of motion in the cervical spine did not meet the criteria for a higher rating.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU on an extraschedular basis.

The Veteran's service-connected intervertebral disc syndrome of the lumbar spine, associated with right lower extremity radiculopathy and left lower extremity neuropathy, is not considered exceptional enough to warrant an extraschedular rating.

The Veteran has a combined rating of 100% for her service-connected disabilities. However, she does not have an employment handicap and has overcome the effects of her vocational impairment due to her service-connected conditions. Therefore, she is not entitled to additional vocational rehabilitation benefits under Chapter 31.

The Board found no evidence of a chronic condition during service and concluded that the Veteran's current cervical spine disorder is not related to his military service.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 60 percent, and there is no evidence to support an increase in this rating.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and the Director of Compensation found that entitlement to an extraschedular evaluation for TDIU was not warranted.

The Board has determined that additional development is needed to determine the etiology of the Veteran's cervical spine and left shoulder disabilities, including whether they are related to his service-connected right shoulder disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and arranging for examinations to assess the severity of her service-connected disabilities.

The Veteran's claim for TDIU is being remanded due to the need to obtain additional medical records and provide a retrospective medical opinion regarding his ability to secure or follow substantially gainful employment.

The Veteran's GERD is found to be proximately due to his use of NSAIDs for service-connected pes cavus, and thus granted service connection.

The Board has dismissed the appeals for the issues of entitlement to service connection for basal cell carcinoma, a scar, status post nevi removal, and bilateral elbow disorder. The claim for service connection for pes planus was reopened but remains denied.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's low back disorder is related to his service. The VA examiner needs to consider the Veteran's complaints of recurrent back pain in 2004 and 2008.

The Board has granted service connection for right knee and lumbar spine disabilities as secondary to the Veteran's service-connected early arthritis, residuals meniscectomy left knee.

The Board finds that the service-connected frostbite residuals did not cause or contribute substantially to the Veteran's death, as determined by a VA physician. The primary cause of death was COPD, which is not related to the service-connected condition.

The Board has remanded the case for additional development, including obtaining medical records and providing a supplemental opinion from an examiner.

The Board has remanded the case for additional development, including obtaining service treatment records and private medical records. The Veteran's claims of service connection for lumbar and cervical spine disabilities are pending.

The Board has remanded the case due to inadequate examination and lack of consideration of relevant medical records. The Veteran's claims for service connection for a back disability and bone condition, including avascular necrosis of the hips, are being reviewed.

The Board found that the Veteran's bilateral hearing loss and tinnitus were not related to service, while his low back disability was not shown during service or within one year of separation. Service connection for these conditions is denied.