Back / lumbar spine decisions — 2015

The Veteran's appeal is remanded to secure compliance with VA's duty to assist in substantiating his claims for service connection for bilateral hearing loss and a low back disability. A new VA examination is required for both issues.

The Veteran's current cervical spine degenerative disc disease/degenerative joint disease is found to be etiologically related to his combat service in Vietnam. The right and left shoulder disorders are pending as the VA examination has not yet been conducted.

The Veteran's lumbar spine and left hip conditions are not considered service-connected due to lack of evidence showing they were incurred or aggravated during his military service.

The Board has determined that the Veteran does not have a current sinusitis disability and finds that his statements regarding this condition are less credible. The evidence of record is against a finding that he had such a disability during service or since then.,Evidence received since the September 1997 RO decision, which denied service connection for a back injury, raises a reasonable possibility of substantiating the claim of entitlement to service connection for a back disability. Therefore, the claim is reopened.

The Veteran's claims for service connection for traumatic brain injury residuals, posttraumatic stress disorder, patellofemoral syndrome (right knee), and lumbar strain were denied. The Board found that the Veteran does not have current residuals of a TBI.

The Board has determined that additional VA examinations and medical records are needed to determine the etiology of the Veteran's spine, respiratory, and sleep apnea disabilities. The case is therefore being remanded for these purposes.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing and the need to issue statements of the case for two issues.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a lumbar spine disorder. However, the Veteran's lumbar spine disorder is not shown to be related to his military service.

The Board has reopened the Veteran's claim for service connection for a low back disability based on receipt of new and material evidence. Service connection is granted for hypertension as it was incurred in service, with continuity of symptomatology post-service. The claim for sleep apnea is denied as there is no evidence that the condition began during or was aggravated by service.

The Veteran's low back disability was rated at 10 percent from May 14, 1999 to September 23, 2002. From September 26, 2003, the rating increased to 40 percent.

The Board has remanded the case for additional efforts to notify the Veteran of his requested Travel Board hearing at his previous home addresses.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection and TDIU. The case is being remanded to obtain relevant medical records, including from a chiropractor in Cornell, Wisconsin, and any workers' compensation records.

The Board denied the Veteran's claims for service connection for a back disorder and for a temporary total rating following back surgery in April 2009, finding that there was no credible evidence of an in-service injury or continuity of symptomatology since service.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the impact of her service-connected disabilities on her ability to locomote.

The Board has decided to remand the Veteran's claims due to the need for additional examinations and records, particularly regarding his back disorder and bilateral hearing loss.

The Board has granted a 20 percent rating for the Veteran's service-connected lumbar strain with degenerative joint disease, finding that his forward flexion is limited to 40 degrees and considering functional loss due to pain. The maximum schedular evaluation under Diagnostic Code 5003 (degenerative arthritis) does not apply as only one major joint or group of minor joints are involved.

The Veteran's tinnitus was granted service connection. The remaining issues on appeal are remanded for additional development.

The Veteran's lumbosacral strain does not meet the criteria for a higher rating as it does not cause limitation of flexion to 60 degrees or less, a combined ROM (CROM) less than 120 degrees, or additional neurologic impairment.

The Veteran's appeal of his lumbar spine disorder and TDIU claims is being remanded for further development, including obtaining outstanding treatment records and issuing a supplemental statement of the case.

The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current chronic obstructive pulmonary disease, cardiovascular conditions (including coronary artery disease and hypertension), sleep apnea, right lower extremity femur fracture, left lower extremity femur fracture, anxiety disorder NOS, bilateral hearing loss, tinnitus, and back condition involving degenerative joint disease.,The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current cardiovascular conditions (including coronary artery disease and hypertension), sleep apnea, right lower extremity femur fracture, left lower extremity femur fracture, anxiety disorder NOS, bilateral hearing loss, tinnitus, and back condition involving degenerative joint disease.,The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current sleep apnea, right lower extremity femur fracture, left lower extremity femur fracture, anxiety disorder NOS, bilateral hearing loss, tinnitus, and back condition involving degenerative joint disease.,The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current right lower extremity radiculopathy and left lower extremity radiculopathy.,The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current anxiety disorder NOS, bilateral hearing loss, tinnitus, and back condition involving degenerative joint disease.