Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded for additional VA examinations and development of the claims file. The issues include service connection for cervical spine, lumbar spine, right shin, left shin, and right thigh disorders.

The Veteran's claim for compensation under 38 U.S.C. § 1151 was denied because the surgery, performed by a private provider at a non-VA facility, did not meet the requirements of the statute and regulations.

The Board has determined that the appellant's claims for service connection for bilateral hearing loss, right shoulder disorder, cervical spine (neck) disorder, headaches, and lumbar spine (low back) disorder have been withdrawn. The claim for a low back disorder was denied as there is no evidence of arthritis manifest to 10% within one year of separation from active duty.

The Veteran's claim for an increased disability rating for his service-connected lumbar spine disability is being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are service-connected as they were caused by noise exposure during his active military service.,However, the Board found insufficient evidence to support a finding of service connection for the low back disorder due to an injury sustained while on active duty.

The Board has remanded the case for additional development to obtain medical opinions and SSA records, as well as to clarify whether service connection is warranted for an acquired psychiatric disorder, low back disability, and left knee disability.

The Board has granted service connection for bilateral pes planus and left knee patellofemoral syndrome, finding that the Veteran's preexisting conditions were aggravated by active duty. The major depressive disorder remains at a 70% rating.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for a right hip disability and low back disability, as the evidence does not relate these disabilities to a qualifying period of active duty service.

The Veteran's claim for TDIU is being remanded due to the need to obtain a copy of any SSA decision regarding her entitlement to disability benefits.

The Board found that the Veteran's current back disability did not have onset during active service or within one year of service discharge, was first diagnosed many years after active service, and is otherwise etiologically unrelated to active service.

The Board has granted new and material evidence for the Veteran's claim of service connection for a low back disability. The underlying de novo claim for service connection is REMANDED to the Agency of Original Jurisdiction (AOJ).

The Veteran's service-connected disabilities, including brain cyst, degenerative disc disease of the lumbar spine, headaches, fibromyalgia, cervical spine degenerative disc disease, and bilateral tinnitus, preclude him from obtaining or maintaining substantially gainful employment.

The Board has determined that the Veteran's current chronic low back disability is not related to his active military service and therefore denied his claim for service connection.

The Board has determined that the Veteran does not have a current hip disability and therefore, service connection for bilateral hip disability is denied. The issues of entitlement to service connection for bilateral knee disability and lumbar spine disability are addressed in the REMAND portion of this decision.

The Veteran's service-connected thoracolumbar spine degenerative arthritis, degenerative disc disease, and spinal stenosis have been rated at the maximum available rating of 20 percent. The Board finds that a higher evaluation is not warranted as his symptoms do not more closely approximate the criteria for a higher rating.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for Meniere's disease, and there was insufficient evidence to establish service connection for cervical and lumbar spine disorders.

The Board denied the Veteran's claims for service connection for a left shoulder disability and TDIU as there was no competent evidence linking his current disabilities to his active service or service-connected conditions.

The Board found that the Veteran's current low back disorder, including degenerative joint and/or disc disease, is not related to her military service. The evidence does not establish a nexus between her current condition and her active duty.

The Veteran's initial evaluations for his left thigh injury, thoracic spine disability, and cervical spine disability have been denied as the evidence does not support a higher rating under applicable diagnostic codes.

The Board has granted a 20 percent rating for the service-connected low back disability and a 10 percent rating for the service-connected right lower extremity radiculopathy, effective from the date of the August 2015 rating decision.