Back / lumbar spine decisions — 2016

The Veteran's appeal has been dismissed as the March 2016 rating decision granted service connection for peripheral neuropathy affecting the bilateral lower extremities, which is now a fully granted issue.

The Veteran's claims of service connection for a back disability and hypertension are being REMANDED to the AOJ.,The Veteran's claim of service connection for hypertension is being reopened due to new evidence received since the March 2010 rating decision. The AOJ should locate the prior denial decision and associate it with the record before readjudicating the matter.,The Veteran's claims of service connection for peripheral neuropathy of both upper extremities, peripheral neuropathy of both lower extremities, and a disability of both lower extremities (other than peripheral neuropathy) are being REMANDED to the AOJ. The AOJ should obtain VA treatment records related to these conditions.,The Veteran's claim of service connection for hypertension is being REMANDED to the AOJ. The AOJ should locate outstanding VA treatment records and arrange for a VA examination with nexus opinion to determine the likely etiology of his current hypertension.

The Board has found that further development is needed for VA to fulfill its duties mandated under the VCAA. The case is REMANDED for the following actions: (1) Obtain all available treatment records from Dr. Qureshi at Arkansas Spine and Pain, as well as any updated VA treatment records since October 2011; (2) Arrange for a spine examination of the Veteran to ascertain the nature and likely etiology of any current back disability; (3) Ensure that all development sought is completed, review the record, readjudicate the claims, and issue an appropriate supplemental statement of the case if necessary.

The Board has granted service connection for right ear hearing loss and assigned a 10% rating. The Veteran's current lumbar spine condition is not service-connected, as there is no evidence of an in-service injury or disease. Service connection was also denied for left ear disorder (other than hearing loss), anxiety, depression, and sleep disorder.

The Board has remanded the case due to a scheduling issue for a Travel Board hearing, and no other decisions have been made regarding service connection claims.

The Veteran's lumbar spine disability was granted a 20 percent rating effective November 18, 2010. The increased ratings for the left lower extremity sciatica and lumbar spine disability are granted.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine the severity of the Veteran's service-connected right femur disorder and low back disability.

The Board finds that the Veteran's low back disability was noted upon entry into service and is not shown to be aggravated by his service. The claims for headaches, nausea, dizziness, hearing loss, and tinnitus are remanded as they may be related to a single medical condition.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, diagnosed as generalized anxiety disorder. The cervical and lumbar spine disabilities are being remanded due to inadequate medical opinions.

The Veteran's claims for increased ratings for patellofemoral syndrome of the right knee and degenerative disc disease of the lumbar spine with right L-5 radiculopathy were denied. The initial noncompensable disability rating for patellofemoral syndrome of the right knee was not warranted prior to May 16, 2003, and a 10 percent rating from that date until June 25, 2010, was also not granted.

The Board found no evidence to support service connection for a low back disability, including as due to an undiagnosed illness. The Veteran's current conditions are deemed unrelated to his military service.

The Board found that the Veteran's claimed disabilities, including his right knee, cervical and lumbar spine, bilateral shoulder, arm, hand, leg, head injury residuals, and acquired psychiatric disorders were not incurred or aggravated by service. The preexisting conditions were determined to have existed prior to service and were not aggravated during service.

The Veteran's appeal is being remanded for further action due to the need for a new VA examination and consideration of updated treatment records.

The Veteran's claims for service connection for a right eye injury and low back condition were denied. The claim for increased ratings for bilateral hearing loss was also denied.

The Board has remanded the case due to inadequate examination and insufficient reasoning in the May 2010 VA opinion. The claims for service connection are now pending.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining gainful employment prior to June 9, 2014.

The Board has determined that the Veteran's claimed conditions are not related to his in-service exposure to ionizing radiation. The medical evidence does not support a connection between the disabilities and service.

The Board denied the Veteran's claims for service connection for tinnitus, bilateral eye disability, low back disability, and bilateral hip disability. The claim for a compensable rating for his service-connected bilateral hearing loss was also denied.

The Veteran's low back injury with DDD is currently rated at 40 percent, and his right hip disability has been granted service connection.

The Board has remanded the claims for increased ratings for lumbar strain and PTSD, as well as the claim for increased compensation for dependents due to pending Social Security disability application.