Back / lumbar spine decisions — 2015

The Veteran's cervical strain with traumatic arthritis is rated at 20 percent, which is the maximum rating available under the applicable rating criteria. The remaining conditions have either not been granted or are denied.

The Board has remanded the case due to unclear evidence and need for clarification on the Veteran's claims, as well as a need for additional medical opinions regarding his service-connected disabilities.

The Veteran was awarded a TDIU rating effective from April 30, 2004 due to his service-connected disabilities. The effective date of April 30, 2003 is granted as he met the schedular criteria for a TDIU during this period.

The Board has determined that the Veteran does not have hearing loss for VA purposes and therefore, service connection for bilateral hearing loss is denied. The remaining issues on appeal are addressed below.

The Board has reopened the Veteran's claims for service connection for a low back disability, left knee disability, and left shoulder disability. However, the preponderance of evidence is against these claims as they are not related to service.

The Board found that the Veteran's current lumbosacral disability, bilateral hearing loss, and tinnitus in the right ear are not related to service. The Board also determined that spina bifida is a congenital defect and therefore not service-connected.

The Board has determined that the Veteran's cervical spine disability is service-connected, as it had onset during his period of active service. The claims for bilateral hearing loss and lung disabilities have been dismissed due to lack of specific error of fact or law.

The Veteran's claims for increased ratings and service connection have been granted, with the exception of his heart condition claim which is addressed in the REMAND portion.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to the need for a VA examination and additional records from SSA.

The Veteran's tinnitus is related to in-service noise exposure. The Board finds that the Veteran's low back, right hip, and bilateral ankle disorders are not directly related to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new spine examination. The Veteran's claim is not decided yet.

The Board has granted service connection for a left knee disability, but the Veteran's claim for a back disability remains pending. The decision on the back disability will be remanded to obtain an adequate medical opinion.

The Veteran seeks service connection for a back condition that manifests as hip pain. The Board has remanded the case to obtain additional medical opinions and treatment records.

The Board finds that the Veteran's current lumbar, cervical, right knee, and right carpal tunnel syndrome disabilities are not related to his military service. The VA examiner concluded that these conditions did not originate during or as a result of his in-service motor vehicle accident.

The Board has remanded the case for further development due to the Veteran's incarceration and inability to attend VA examinations. The issues on appeal are whether service connection should be granted for a low back disorder and a bilateral hip disorder, both claimed as secondary to service-connected bilateral hallux valgus and bilateral knee disabilities.

The Veteran's DDD of the thoracic and lumbar spine, with DJD of the lumbar spine, was not manifested by forward flexion limited to 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine; or symptomatology resulting in incapacitating episodes having a total duration of at least four weeks but less than six weeks during a 12-month period. As such, the Veteran's claim for an initial disability rating in excess of 20 percent was denied.

The Board has remanded the case for additional development of records from the Social Security Administration and VA medical facilities.

The Veteran's low back disability has been evaluated at 20 percent since October 23, 2007. The current evidence does not support an increase in the rating due to lack of limitation of motion or ankylosis.

The Board has determined that the Veteran's current lumbar spine disability, including degenerative disc disease of the lumbar spine and status post partial discectomy, did not develop during service or within one year after discharge. The VA medical opinions indicate this condition is unrelated to service.

The Veteran's appeal is being remanded due to his incarceration and failure to appear for a Travel Board hearing. The case will be returned to the AOJ for further action.