Back / lumbar spine decisions — 2015

The Veteran's service-connected lumbosacral strain and right lower extremity sciatica have not been found to warrant higher ratings.

The Board found that the Veteran's low back disability did not have its onset in service, was not manifest to a compensable degree within one year of separation from service, and is otherwise not caused or permanently aggravated by service or service-connected disabilities. As such, the claim for service connection for a low back disability has been denied.

The Veteran withdrew his appeal regarding the claim for service connection for a lumbosacral spine disability prior to the Board's decision.

The Board has remanded the case for additional development, including obtaining SSA and workman's compensation records, and scheduling a VA examination to determine if any current back disability is related to service or a workplace injury.

The Veteran's appeal is being remanded due to the need for additional development and examination, including verification of his service dates and opinions regarding the onset and etiology of his bilateral foot disability and low back disability.

The Board found that the Veteran's current back disability did not develop during service and is not related to his military service.

The case is being remanded for further development, including obtaining medical records and scheduling the Veteran for an examination to determine the current nature and severity of his cervical spine disability.

The Board has reopened the claim of service connection for a lumbar spine disability and granted an increased rating to 30 percent. The Veteran's TDIU claim is also granted.

The Veteran's claims for service connection for various conditions, including psychiatric disorders, hypertension, tinnitus, cervical spine disability, lumbar spine disability, left hip disability, right knee and left knee disabilities, right ankle and left ankle disabilities, left heel disability, and left shoulder disability were denied as the evidence did not support a nexus to service.

The Veteran's lumbosacral strain is currently rated at 40 percent, the maximum schedular rating available. The Board finds that his symptoms do not warrant a higher evaluation as they are consistent with the current 40 percent rating based on forward flexion limited to 30 degrees or less.

The Veteran's lumbar degenerative disc disease did not meet the criteria for a higher rating during the period on appeal.

The Veteran's hypertensive heart disease is found to have its onset in service and the Board grants service connection for this condition. The issue of COPD secondary to asbestos exposure and as a result of hypertensive heart disease remains unresolved, but the examiner did not provide sufficient rationale or opinion on this matter. Service connection for low back disorder is granted.

The Veteran's appeal is being remanded for further development, including verification of her Reserve service and scheduling VA examinations to address the claims for narcolepsy and a low back disorder.

The Veteran is seeking service connection for a cervical spine disability and an increased rating for his right ankle disability. These claims are being remanded to obtain updated VA treatment records, as well as a new VA examination.

The Veteran's bilateral hearing loss and tinnitus are found to be related to service, while the back disability (claimed as TBI) and headaches are not found to be related to service.

The Veteran's appeal is being remanded to the RO for a Board hearing. The issues of entitlement to service connection for left knee tendonitis, right knee tendonitis, and a chronic back condition are pending.

The Board has reopened the claims of entitlement to service connection for a right shoulder disability, left wrist disability, upper back disability, mid-to-low-back disability, right knee disability, left knee disability, right ankle disability, and PTSD. The Veteran's reports of inservice acoustic trauma are accepted as credible evidence of an in-service event. Service connection is granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling the Veteran for an appropriate VA examination to assess her current level of disability.

The Veteran's claims for service connection were denied. The Board found that the Veteran did not have current left ear hearing loss disability, and his preexisting lumbar spine disorder was not aggravated by service. His right shoulder and left shoulder disorders are addressed in a separate remand. The initial compensable ratings for costochondritis and right ear hearing loss disability were also denied.

The Board denied all increased rating claims as the Veteran's service-connected conditions did not meet the criteria for a higher disability rating.