Back / lumbar spine decisions — 2015

The Veteran's appeals for service connection for bilateral hearing loss, tinnitus, and a bilateral foot condition have been dismissed due to withdrawal. The claim of service connection for tinnitus has not been met.

The Veteran's lumbar spine disorders are not rated higher than 10 percent, and his right shoulder tendonitis is also not rated higher than the assigned percentage for the periods specified. The claims were denied.

The Board found that the Veteran's current low back disability, diagnosed as degenerative joint disease of the lumbar spine, was not incurred in or aggravated by his service and may not be presumed to have been.

The Veteran's back disability is rated at 10 percent, and he was granted increased ratings for his lower extremity radiculopathy. The TDIU issue has been raised but not adjudicated.

The Board has remanded the case for additional development due to errors in previous decisions and incomplete medical records.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, low back disorder, left knee disorder, right knee disorder, left hip disorder, and right hip disorder. The rating for his bilateral pes planus was also denied.

The Veteran's initial claim for a higher rating for his lumbar degenerative disc disease was granted, with an effective date of March 31, 2006. The Veteran is currently rated at 40 percent for the period starting May 7, 2012.

The Veteran's service-connected back disability, by itself or in combination with his depressive disorder, makes him unable to secure or follow a substantially gainful occupation as of August 24, 2011. The Board therefore grants the TDIU claim.

The Veteran's appeal involves multiple service connection claims for various conditions, including back disability, hypertension, bilateral foot disability, fibromyalgia, chronic fatigue syndrome, chronic sinusitis, irritable bowel syndrome, headaches, and memory loss. The Board has ordered the VA to obtain all relevant medical records and re-adjudicate the claims.

The Veteran's current low back disorder, diagnosed as lumbar degenerative disc disease, is related to his military service and the Board grants service connection for this condition.

The Veteran's pre-existing bilateral pes planus was aggravated by service, and the Board finds that he is entitled to service connection for this condition. The Veteran withdrew his appeal regarding the other issues.

The Veteran's appeal is being remanded to determine if he requires the regular assistance of another person in activities of daily living, protection from ordinary hazards, bedridden status, or restricted to home due to his service-connected disabilities.

The Board has denied the Veteran's claims of service connection for cervical spine and back disabilities, finding that new and material evidence was not received to reopen the claims. The appeal is remanded due to the filing of a NOD regarding these claims.

The Veteran's appeal is remanded due to the need for additional medical opinions and records. The issues of entitlement to an increased rating for PTSD and service connection for a low back disability are being addressed.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before the Board of Veterans' Appeals.

The Board found that the Veteran's low back, left knee, and right knee disabilities did not have their onset in service or within one year of discharge. The VA examiners provided opinions against the claims for service connection.

The Veteran's back disability was rated at 20 percent from May 10, 2006 to March 29, 2007. From March 29, 2007 to March 26, 2013, the rating was increased to 40 percent due to more severe symptoms and functional loss. The Veteran's back disability has not been rated higher since.

The Veteran's claims for service connection and increased rating for peptic ulcer disease, psychiatric disorder, and low back disorder were denied. The case is remanded to obtain private treatment records and conduct a VA examination.

The Board has determined that the Veteran's current lumbar spine disability is not related to service, and thus denied her claim for service connection.

The Board found that the Veteran's current lumbar spine disability is not related to her military service and denied her claim.