Back / lumbar spine decisions — 2015

The Board has remanded the case to the RO for scheduling a hearing before a Veterans Law Judge, and to address the Veteran's appeal of the denial of a waiver of overpayment.

The Board has determined that further development is necessary for the Veteran's claims of service connection for right ankle, hip, and low back disabilities due to the need for a new examination.

The Board has remanded the case due to unavailability of service treatment records and the need for additional examinations.

The Veteran's appeal is being remanded to schedule him for a videoconference hearing at the local RO. The issues of service connection and rating remain unresolved.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since January 18, 2012.

The Board has determined that the Veteran's current degenerative disc and joint disease, with strain of the lower back, originated during his active service. Service connection is granted for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of her service-connected lumbar strain and right wrist tendonitis, as well as any current disability of the right wrist other than tendonitis.

The Board has remanded the case for further development and consideration of new evidence, including VA treatment records submitted by the Veteran's representative. The claims will be reconsidered in light of all pertinent evidence.

The Board found that the Veteran's cervical spine and hypertension diagnoses were not caused or aggravated by service-connected disabilities.,Service connection for these conditions was denied.

The Veteran's claims for increased ratings for his lumbar spine and chronic headaches have been denied as the evidence does not meet the criteria for higher evaluations under the applicable rating schedule.

The Board has remanded the case for further development, including obtaining medical records and providing a supplemental opinion regarding the nature and etiology of the Veteran's low back disability.

The Veteran's dysthymic disorder is rated at 50 percent, which satisfies his appeal for a higher rating. The Board has also granted service connection for the low back disability under a direct theory of service connection.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and an increased rating for bilateral hearing loss, finding that there was no evidence of in-service injury or disease related to his current conditions. The effective date for the award of a 40 percent rating for bilateral hearing loss is set at October 24, 2007.,The Veteran's lumbar spine disorder was not shown to have been incurred during service and there was no evidence linking it to any in-service injury or disease. His current bilateral hearing loss disability also did not meet the criteria for a higher rating.

The Veteran's claim for increased ratings for her lumbar spine spondylosis has been denied. The evidence does not meet the criteria for a rating in excess of 20 percent prior to July 9, 2015 or in excess of 40 percent since that date.

The Veteran's appeal for higher disability ratings and TDIU was granted, with a combined rating of at least 70% for his service-connected disabilities. SMC based on housebound status is also granted.

The Board has reopened the claim of service connection for a lumbar spine disorder and granted it, finding that there is at least equipoise evidence in favor of the Veteran's claim.

The Veteran's claim for a higher rating for left knee arthritis with limitation of motion is granted, while the claims for service connection and reopening are also granted.

The Board has determined that a new and contemporaneous examination is needed to assess the current severity of the Veteran's lumbar and thoracic sprain disability, as it has been more than six years since his last VA examination. The appeal will be remanded for this purpose.

The Board denied service connection for a back disorder, left knee disorder, right shoulder disorder, and right knee disorder. The Veteran's claim for service connection for a left ankle disorder was not addressed as it is not related to the issues on appeal.,Service connection for epididymitis was also denied.

The Veteran's tinnitus was related to hazardous noise exposure during his second period of active duty service. His hearing loss and back condition were not related to service, while the claim for residuals of dengue fever is denied due to lack of evidence of residuals at any time during the appeals period. The skin cancer claim remains pending.