Back / lumbar spine decisions — 2016

The Board has remanded the case due to the need for a medical opinion regarding whether the Veteran's service-connected disabilities contributed substantially or materially to his death, and to obtain any outstanding VA treatment records.

The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, effective December 18, 2014. The appeal for a higher rating prior to that date was denied. An effective date of March 7, 2011, has been granted for the award of service connection for lumbar spine disability.

The Board denied service connection for a low back disability, hearing loss of the right ear, and depression. The Veteran's low back disability is not shown to have been incurred in or aggravated by service. Hearing loss of the right ear was also not shown to be related to service. Depression is not considered to be related to service.

The Board has reopened the Veteran's claim for service connection for spondylolisthesis and degenerative disc disease of the thoracolumbar spine due to new evidence. The Board also granted service connection for these conditions, finding that they are at least as likely as not caused by the Veteran's military service.

The Board denied the Veteran's claims for an initial disability rating in excess of 20 percent for bilateral feet peripheral neuropathy and his claim to reopen a previously denied claim of entitlement to service connection for a back disability. The appeals are currently pending.

The Board has determined that the Veteran's low back disorders, including scoliosis and congenital anomaly at L4 with fusion to L5, are not service-connected as they are considered congenital defects. The degenerative arthritis of the lumbar spine is also found not to be related to active military service.

The Board found that the Veteran's back condition is not related to his military service and denied his claim for service connection.

The Board found that the Veteran's current low back disability is not etiologically related to his active duty service and therefore denied his claim for service connection.

The Board has determined that the Veteran does not have a present hearing loss for VA purposes and therefore, service connection for hearing loss is denied.

The Board found that the Veteran's right eye disability did not have its clinical onset during service and is not related to any incident of service.,The VA examiner opined that the Veteran's low back disability was less likely than not related to his active military service, exposure to cold weather in service, or rigorous use of joints in military activities.

The Veteran's TDIU claim for the period prior to December 19, 2006 was denied. For the period from December 19, 2006 to December 13, 2009, his combined disability ratings of bronchial asthma (60%) and low back condition (40%) met the schedular criteria for a TDIU.

The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that he meets the criteria for a TDIU.

The Board has remanded the case to obtain additional employment information from the Veteran's former employers, including his retirement from the United States Postal Service. The appeal is now pending again with the Board.

The Board has reopened the claims for lumbar spine and right foot disabilities, which are now on the merits. The Veteran's service connection claims have been granted.

The Veteran's appeal was withdrawn as to the issue of entitlement to a neck disorder or degenerative disc disease of the cervical spine with radiculopathy. The Board finds that the evidence supports service connection for neurological impairment of the bilateral upper extremities, including neuropathy, radiculopathy and carpel tunnel syndrome.

The Veteran's low back condition is not service-connected as it is less likely than not related to his in-service symptoms.,Hypertension was incurred during service and has been granted service connection.

The Board has remanded the case for further development and an addendum opinion regarding the etiology of the Veteran's low back disorder, including as secondary to his service-connected traumatic brain injury.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder and headaches, as new and material evidence was received. The TDIU claim is granted.

The Board has remanded the case for additional development, including obtaining VA and private medical records, ensuring all service records are associated with the claims file, and providing a medical opinion regarding whether the Veteran's back disability is aggravated by his service-connected left knee disability.

The Board has vacated the previous decision and remanded the case for further evidentiary development. The Veteran's claims of service connection for a lumbar spine disability, right ankle disability, and depression are now before the Board.