Back / lumbar spine decisions — 2016

The Board has denied the Veteran's claim for service connection for a back disorder, finding that there is no evidence to support a link between his resolved cerebrospinal meningitis and his current back disorder. The claim was denied as the weight of the evidence did not show that the Veteran had a chronic back disability during or within one year after service.

The Board has remanded the Veteran's claims for service connection due to incomplete development and missing records. The claims will be returned to the AOJ for further action.

The Veteran's service-connected low back disc pathology, root irritation at L5, has not resulted in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months for any period on appeal. Therefore, he is not entitled to an increased disability rating in excess of 40 percent.

The Veteran's lumbar spine disability is rated at 50 percent, and his left lower extremity radiculopathy is rated at 20 percent from September 23, 2015. The Board has determined that the current ratings are appropriate.

The Veteran's claim for increased ratings for chronic lumbar strain was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to February 9, 2012 and since then.

The Veteran's claim for service connection for a low back disorder is being remanded due to the need for additional development and clarification of the medical opinions provided.

The Board has determined that the Veteran's tinnitus is related to his in-service noise exposure and finds it at least as likely as not that he currently suffers from this condition. For the back disorder, the evidence does not establish a current diagnosis or continuity of symptoms since service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service treatment records and private medical records.

The Board has remanded the case for additional development due to incomplete records, including SSA disability benefits and workers' compensation claims.

The Veteran's service-connected disabilities, including bilateral knee and foot conditions and lumbar spine disability, have rendered him unable to secure or follow substantially gainful employment as of June 24, 2011.

The Veteran's appeal is being remanded to obtain additional treatment records and to schedule him for VA examinations to assess the severity of his service-connected lumbar spine and bilateral lower extremity disabilities.

The Board has decided that the claims of entitlement to service connection for right ankle, bilateral knee, bilateral foot, and back disabilities must be remanded due to the need for additional development.

The Board has ordered a new VA examination and requested additional National Guard records to determine if the Veteran's current low back disability is related to his active military service.

The Board found that the Veteran's bilateral hearing loss was not incurred in or aggravated by active service and may not be presumed to have been incurred or aggravated in service. The claim for service connection for upper/lower back disability and bilateral knee disability is addressed in the REMAND portion of the decision.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of service connection for heart disease, including arteriosclerotic cardiovascular disease with paroxysmal tachycardia arrthymia (previously characterized as tachycardia), back disability, and bilateral hip disability. However, these claims are still denied on their merits.

The Board denied service connection for bilateral hearing loss and lumbar spine and left hip disabilities, finding that the Veteran did not have a current diagnosis of these conditions at any point during or prior to the pendency of his claims. The Board also found that there was no evidence linking these disabilities to service.

The reduction of the evaluation for DDD of the lumbar spine from 20 percent to zero percent, effective October 1, 2012, was not proper as the evidence did not reflect improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's claims for increased evaluations of his service-connected depression, spondylosis deformans of the lumbar spine, and radiculopathy of both lower extremities have all been denied. The Veteran is currently receiving the maximum available ratings for these conditions.

The Veteran's claim for an increased evaluation of his recurrent low back strain was denied. The Board found that the evidence did not support a rating in excess of 40 percent, as there is no evidence of forward flexion of the thoracolumbar spine of 30 degrees or less, nor unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of all pending appeals by the Veteran.