Back / lumbar spine decisions — 2016

The Board found that the Veteran's low back and right shoulder disabilities were not incurred in or aggravated by his service, as there was no evidence of chronic conditions during service or continuity of symptomatology post-service. The claims for bilateral hearing loss and tinnitus are remanded due to insufficient medical evidence.

The Board has determined that a remand is necessary to obtain updated medical records and conduct a VA examination to assess the current severity of the Veteran's lumbar spine disability, including whether there has been improvement since the October 2008 VA examination.

The Veteran's appeal is being remanded for a Board video conference hearing. The issues of service connection for various conditions are still under consideration.

The Board granted a 20 percent rating for the lumbar spine strain from April 3, 2009 to February 23, 2012 and reduced it to 10 percent from August 14, 2013. The Veteran's PTSD appeal was withdrawn at the hearing. No TDIU was granted.

The Board has determined that the Veteran's low back disorder is related to service and grants entitlement to service connection for this condition. The remaining claims for right shoulder, right knee, left knee, and bilateral foot disorders are remanded for further development.

The Veteran's depressive disorder is etiologically related to his service-connected low back disability. The Board has determined that a rating higher than 20 percent for the low back disability prior to April 22, 2014, is warranted.

The Board has remanded the case due to a scheduling error for a Travel Board hearing. The Veteran's increased ratings for migraine headaches, degenerative disc disease at L5-S1, and bilateral pes planus are still pending.

The Board finds that the reduction of the evaluation from 40% to 20% for postoperative residuals of a herniated disc of the thoracolumbar spine was proper. The Veteran's bilateral hearing loss service connection was not based on clear and unmistakable error in the April 2009 rating decision.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective April 25, 2014. He also has separate ratings for right and left lower extremity radiculopathy.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that his current disability is not related to an injury sustained during active duty. The left shoulder disorder claim was granted.

The Board has remanded the case for additional development, including obtaining VA and private medical records from Chalmers P. Wylie VA Ambulatory Care Center, and for an addendum opinion regarding the Veteran's cervical spine disorders.

The Veteran's claim for increased rating of his left shoulder disability was granted, with a current effective date of January 16, 2009. The Veteran is currently rated at 20 percent for this condition.

The Board has remanded the case for additional development, including VA examinations to determine the nature and etiology of various disabilities claimed by the Veteran. The issues include service connection for psychiatric disability, lumbar spine disability, radiculopathy, diaphoresis, arm pain, prostate disability, inguinal hernia, and hypertension.

The Board has determined that the Veteran's left hip, low back, and left leg disabilities are secondary to his service-connected total left knee replacement.

The Veteran's appeal is remanded for a new VA examination to assess his ability to function in most employment settings due to his service-connected disabilities, and for further development of the record.

The Board has determined that the Veteran's current low back disability is not related to his service, and therefore, does not meet the criteria for service connection.

The Board has determined that the Veteran's back, left leg, and right leg disabilities are service-connected based on direct evidence of injury or disease during service.

The Board has determined that the Veteran's cervical spine strain, lumbar spine strain with arthritis and disc disease, headache disorder, and TMJ disability are all service-connected as they were incurred during his active duty.

The Board previously denied the Veteran's claim for service connection for a low back disability, to include as secondary to his service-connected right hip and right thigh disabilities. The case is now remanded due to an inadequate VHA opinion based on inaccurate facts.

The Board has remanded the case for further development due to inadequate rationale in the VA examination opinions and failure to consider the Veteran's statements and those of fellow service members.