Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and issuance of an SOC on several issues. The claims of service connection for acquired psychiatric disorder, right knee arthritis, left knee arthritis, lumbar spine disability, and bilateral hip disability are currently before the Board.

The Veteran's claims for service connection were denied due to lack of verified stressors and in-service manifestations. New evidence received since the last denial does not provide a new or material basis for reopening these claims.

The Veteran's appeal was withdrawn due to his request to withdraw the appeal regarding left ankle, back, bilateral hearing loss, and tinnitus issues. The Board did not have jurisdiction to review these issues as they were dismissed.

The Board has raised questions about the exact nature and etiology of the Veteran's cervical, lumbar spine, and right knee disabilities. The case is being remanded for further development to clarify these issues.

The Veteran's appeal is being remanded to obtain additional medical records and for VA examinations to determine the nature and etiology of his claimed bilateral hearing loss, tinnitus, low back disorder, and shoulder disorders.

The Veteran's appeal is being remanded due to the need for a supplemental statement of the case regarding his claim for an initial rating in excess of 10 percent for degenerative changes of the right knee, and a statement of the case must be issued with respect to whether new and material evidence has been received to reopen his claim for service connection for a back disorder.

The Board found no new and material evidence sufficient to reopen the Veteran's claims for lumbar spine disability, PTSD, and bilateral pes planus. The service connection claim for tinnitus was denied as there is no medical evidence linking current tinnitus to in-service noise exposure.

The Veteran's lumbar spine disability is determined to be related to her military service and she is granted service connection for this condition. However, there is no current evidence of bilateral hearing loss meeting VA criteria.

The Board has reopened the Veteran's claims for service connection for right knee and low back disabilities based on new evidence showing aggravation during active duty.,Service connection is granted for a right knee disability due to permanent aggravation in service. Service connection is also granted for a low back disorder, as the evidence supports a finding that it was incurred or aggravated by military service.

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

The Board has determined that the Veteran does not have a diagnosed left knee disability, and his service-connected lumbar spine and cervical spine disabilities do not meet the criteria for higher ratings. The Veteran's tinea pedis is rated appropriately, as are his hearing loss and CTS. His acquired psychiatric disorder, right ankle condition, and head injury with headaches and myofascial pain syndrome do not warrant increased ratings. Finally, the Board has determined that the Veteran meets the criteria for TDIU based on his service-connected disabilities.

The Board is remanding the claims for service connection for bilateral pes planus, hearing loss, residuals of a deviated nasal septum (withdrawn), left ankle disorder, bilateral knee disorder, bilateral hip disorder, heart disorder, hypertension, gastroesophageal reflux disease (GERD), and obstructive sleep apnea. The Board is also remanding the claim for an initial rating higher than 50 percent for PTSD.

The Veteran's lumbar spine disability was granted a higher rating of 20 percent effective May 21, 2010. The left lower extremity radiculopathy and right ear hearing loss were both rated at the minimum compensable level.

The Board has determined that the Veteran's current bilateral knee, hip, shoulder, and low back disorders are related to his in-service femur fractures.

The Veteran's claims of entitlement to service connection for bilateral shoulder, hand, cervical spine, and lumbar spine disabilities have been remanded due to inadequate opinions in the prior VA examination reports. Additional development is required.

The Board has determined that further development is needed to determine the etiology of the Veteran's back disability and whether service connection should be granted. The case will be remanded for additional examination and review.

The Veteran's service-connected lumbar spine disability has rendered him unable to secure or maintain substantially gainful employment consistent with his education and work history.

The Veteran's low back disability is currently rated at 10 percent, and the Board has granted this rating. The claim for allergic rhinitis remains pending as it was remanded.

The Veteran's claims for increased ratings for low back disorder and left lower extremity radiculopathy are being remanded due to the need to obtain additional medical records.

The Board dismissed the motion claiming clear and unmistakable error in the August 1974 and May 1986 rating decisions denying service connection for a back disability, finding that the appellant did not provide specific reasons as to why any alleged error was outcome-determinative.