Back / lumbar spine decisions — 2015

The Veteran's appeal has been withdrawn by his representative in conjunction with the Veteran, and therefore all appeals are dismissed.

The Veteran's claim for service connection for bilateral hearing loss, back disorder, left knee disorder, and right knee disorder was denied. The Board found that there is no current diagnosis of bilateral hearing loss disability for VA purposes at any time during the pendency of his claim. For the remaining conditions, a remand is necessary to afford the Veteran another VA examination.

The Board has remanded the case for a VA examination of the left knee, updated VA treatment records to be obtained, and readjudication of the issues.

The Board has determined that the Veteran's low back and left knee conditions are service-connected, with the evidence being in equipoise on all material elements of the claims.

The Veteran's appeal is being remanded for further development, including VA examinations and the provision of additional medical records.

The Board has denied the Veteran's claim for an increased rating for his service-connected degenerative joint disease of the left knee, finding that the evidence does not support a higher rating. The claim for service connection for a back disability was reopened but remains denied.

The Board has decided to remand the case for additional development, including obtaining relevant VA treatment records and attempting to obtain private medical records. The Veteran's claim will be reconsidered after these actions.

The Veteran's appeal for service connection on multiple conditions was denied. The Board found that hyperlipidemia, a laboratory test result, is not a disability under VA law and therefore cannot be granted.

The Board has determined that the Veteran's diabetes mellitus and spine disorder are not related to his military service, and thus denied both claims.

The Veteran's private medical expenses for obstructive sleep apnea treatment at Pulmonary Physicians of Gainesville on June 12, 2013 were not authorized by VA and did not meet the criteria for reimbursement under applicable laws.

The Veteran's PTSD is rated at 100% since the date of claim, and his lumbar spine disability was initially rated at 30%, but has been increased to 40% as of September 16, 2013. The scars are rated at 30% overall, with a separate 10% rating for pain.

The Veteran's appeal is being remanded for additional development, including a VA examination to evaluate the current severity of his service-connected low back disability and attempts to obtain any outstanding medical records.

The Board has determined that the issues of entitlement to a disability rating in excess of 10 percent for service-connected low back disability and entitlement to a temporary total rating based on the need for convalescence following a September 21, 2010 lumbar disc surgery are remanded due to inadequate examination reports and procedural errors.

The Board found that the Veteran's low back disorder, including degenerative disc disease, a small focal disc herniation at L5-S1, degenerative arthritis, and lumbar strain/sprain, was not related to service. The preponderance of evidence is against finding any link between his current condition and military service.

The Board has remanded the case for additional development, including obtaining SSA records and an addendum opinion regarding the lumbar spine disorder. The issues of service connection for a lumbar spine disorder and a psychiatric disorder (PTSD) are on appeal.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability is being remanded due to the need for a new VA examination and consideration of additional medical records.

The Board has determined that the Veteran does not have current diagnoses of bilateral shin splints, bilateral shoulder disability, or low back disability. The evidence does not support a finding of service connection for these conditions.

The Veteran's tinnitus is service connected. The right ankle and knee disabilities are being remanded for further examination, as the current opinions are based on inaccurate factual premises. The low back disability is also being remanded.

The Board has determined that the Veteran's tinnitus is related to his active service and grants service connection for this condition.

The Board has determined that there is not enough evidence to support the Veteran's claim of service connection for degenerative disc disease of the lumbar spine, and thus the claim is denied.