Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded due to her request for a hearing. The claims will be returned to the Board after the requested hearing.

The Veteran's service connection claim for a stomach disorder and a low back disorder has been granted. The Board found that the current disability resulted from a service-connected disability, specifically his headaches treatment regime.

The Board found that the Veteran's low back, left knee, and left ankle disabilities were not shown to have had onset during service or within one year after active service. The current disabilities are unrelated to active service.

The Veteran's claims for increased ratings were denied across the board. The Board found that none of his service-connected conditions met the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the Veteran's claims due to inadequate examination reports and need for clarification on service connection issues.

The Veteran's service-connected thoracic spine disability is denied. His left knee and right knee disabilities are granted with increased ratings, while his service-connected lumbar spine disability remains at a 20 percent rating.

The Board is remanding the case for further development, including scheduling a VA examination to determine if the Veteran's service-connected bilateral hearing loss causes or aggravates his chronic headache disability. The claim of entitlement to an initial compensable rating for bilateral hearing loss on an extraschedular basis will be referred to the Director, Compensation Service, for extraschedular consideration. Additionally, the case will be remanded to issue a Statement of the Case (SOC) on the claim of entitlement to an initial rating greater than 10 percent for degenerative joint disease of the thoracolumbar spine.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the peripheral neuropathy of his lower extremities associated with this condition are also rated. The claim for increased ratings remains pending.

The VA Board found that there is no evidence to support a current low back disability other than the service-connected compression deformity of the inferior endplate of L1, and thus denied the Veteran's claim for secondary service connection.

The Board has remanded the case for development consistent with the terms of the Joint Motion for Remand (JMR). The Veteran's Vocational Rehabilitation and Employment Service records need to be obtained.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to lack of substantial gainful employment as a result of service-connected disabilities, including PTSD, low back disorder, fractured nose with deviated septum, and tinea pedis. The evidence did not establish that these conditions rendered the Veteran unable to secure or follow substantially gainful employment.

The Board has remanded the case to the AOJ for further development, including obtaining VA and private treatment records and scheduling a VA examination. The Veteran's claims of entitlement to increased ratings for his lumbar spine disability and left lower extremity radiculopathy are being remanded.

The Veteran's claim for a rating in excess of 40 percent for his low back disability has been denied. The Board found that the evidence did not support an increase in the current rating, as there was no indication of ankylosis or incapacitating episodes.

The Board denied the Veteran's claim for a clothing allowance for 2015, finding that he did not meet the criteria as his service-connected disabilities do not cause wear and tear on his clothing.

The Board denied the Veteran's claims for increased ratings for her degenerative disc disease, spinal stenosis, and bulging discs of the lumbar spine and tension headaches. The Veteran was previously granted service connection for these conditions in 2007 but has continued to appeal for higher ratings.

The Board has granted service connection for bilateral hearing loss and increased the rating for anxiety disorder with PTSD to 70 percent. The Veteran's claims for other conditions remain pending.

The Board has determined that additional development is needed, including obtaining Social Security Administration records and scheduling a VA examination to determine the nature and etiology of the appellant's current back and right knee disabilities.

The Board has reopened the previously denied claims of service connection for bilateral shoulder disability, lumbar spine disability, cervical spine disability and right lower extremity radiculopathy due to new and material evidence submitted by the Veteran.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting a new VA examination to assess her ability to secure and maintain substantially gainful employment due to her service-connected disabilities.

The Board has remanded the case for additional development, including obtaining updated VA and private treatment records, SSA records, and another examination of the Veteran's low back. The claim will be re-adjudicated after all requested actions are completed.