Back / lumbar spine decisions — 2016

The Veteran's service-connected disabilities prevent him from obtaining and maintaining gainful employment, and the Board has granted TDIU based on this finding.

The Board dismissed the appeal for a higher rating for tinnitus and dismissed the pending appeal for an earlier effective date for service connection of tinnitus. The Veteran withdrew his claim for a higher rating for tinnitus at his hearing before the Board in December 2015.

The Board found that the Veteran's claimed bilateral shoulder, neck and back disorders did not have their onset in service or are otherwise related to active duty. As a result, the claims for service connection were denied.

The Veteran's claim for an increased rating of his service-connected lumbar myositis was granted, but the claims for service connection of major depressive disorder and TDIU were denied. The decision is mixed as some issues were granted while others were not.

The Board granted service connection for a low back disability, finding that the Veteran's current condition is related to his in-service muscle strain. Service connection was denied for leg cramps and circulation problems, as there is no objective evidence of such conditions.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease L4-5 with pain radiated to right testicle, right buttock and right leg is being remanded due to the need for additional examination and development of records.

The Board has determined that the Veteran does not meet the criteria for service connection for various conditions, including bilateral eye disability, renal dysfunction, urinary incontinence, heart disability, fecal incontinence, peripheral neuropathy of upper and lower extremities, low back disability, cervical spine disability, bilateral knee disabilities, bilateral ankle disabilities, and bilateral hearing loss. The Veteran's claims have been denied.

The Board has remanded the case for additional development, including requesting Social Security Administration records and determining whether new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a low back disorder.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of increased ratings and service connection are not addressed as this matter has been returned to the AOJ.

The Veteran's appeal is being remanded due to his inability to attend the scheduled videoconference hearing at the RO. His back disability caused him to seek emergency room treatment.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The Board has decided to remand the case for further development and an opinion regarding whether the Veteran's lumbar spine disability is related to his military service.

The Board denied the Veteran's claims of service connection for various conditions, including a back disability, lung and spleen disabilities, anemia with Crohn's disease, G-6-PD deficiency, bilateral knee disability, traumatic arthritis of the left hip, pes planus, and generalized anxiety disorder. The decision also addressed whether new and material evidence had been received to reopen a previously denied claim for service connection for a back disability.

The Board granted an effective date of September 16, 2009 for the assignment of a 60 percent rating for the Veteran's low back disability and service connection for left foot drop and right-sided sciatica. The effective dates for these ancillary claims were also granted.

The Board has remanded the Veteran's claim of service connection for a back disability due to potential development of additional medical evidence and clarification on the nature of diagnosed scoliosis.

The Veteran's appeal is being remanded for further development, including obtaining VA and Social Security Administration records, as well as a new VA examination to assess the current severity of his lumbar spine disability. The TDIU claim will also be addressed.

The Veteran's claims for service connection for a low back disorder and TDIU are being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board is remanding the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran has current lumbar spine or related lower extremity disability, as well as any acquired psychiatric disability manifested by recurring bad dreams. The issues of service connection for hypertension, lumbar spine disability, and a disability manifested by recurring bad dreams are also being remanded.

The Board has determined that the Veteran's lumbar spine disability is not related to his active service and therefore denied his claim for service connection.