Back / lumbar spine decisions — 2016

The Veteran withdrew his appeal for an initial disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to address the Veteran's service connection claims for lumbar spine disability, bilateral hip disability, hearing loss, and tinnitus.

The Board has remanded the case due to the Veteran's failure to appear for a travel board hearing scheduled on September 13, 2016. The case will be returned to the AOJ for further action.

The Veteran has been granted service connection for left foot plantar fasciitis. The Board finds that the Veteran's current right ankle, low back, upper back (neck), TBI residuals, bilateral hearing loss disability, and tinnitus are not established as service-connected.

The Board found no in-service injury to the Veteran's ankles and denied service connection for a bilateral ankle disability. The low back strain issue remains pending as it requires additional development.

The Veteran's appeal is being remanded due to his failure to attend scheduled VA examinations and the need for additional examination and opinion regarding his service-connected conditions, as well as a new VA examination to assess any current respiratory disability. The claims will be readjudicated after these actions.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues include service connection claims, a temporary total evaluation claim, and a reopening of a psychiatric disability claim.

The Board has reopened the Veteran's claims for service connection for a back condition, PTSD and an acquired psychiatric disorder (including PTSD and Multiple Personality Disorder), alcohol abuse, right ankle condition, and left ankle condition. The decision is mixed as some issues have been granted while others were not.

The Board has remanded the case for further development due to the need for a VA examination and an addendum opinion regarding the Veteran's back disability.

The Veteran's service-connected disabilities have been rated based on their direct effects, with a rating of 20 percent for the cervical spine disability. The other conditions are not rated separately as they are considered part of the overall cervical spine disability.

The Board has determined that the Veteran's claimed hemorrhoids and low back disability did not originate in service or are otherwise etiologically related to military service. The preponderance of evidence is against the claims for service connection.

The Board has remanded the Veteran's claims due to incomplete service records and further development is needed.

The Veteran's DDD of the lumbar spine is rated at 40 percent effective December 1, 2014. Service connection for a bilateral hip disorder to include as secondary to service-connected DDD of the lumbar spine was denied.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to determine the nature and etiology of the Veteran's claimed disabilities.

The Veteran's cervical spine IVDS was not rated higher than 20 percent from November 16, 2011, to October 6, 2014.,For the period beginning November 16, 2011, but no earlier, the Veteran's lumbar spine IVDS warranted a 40 percent rating effective April 21, 2015.

The Veteran's low back disability, characterized by pronounced IVDS prior to September 23, 2002, and limitation of motion with additional functional loss beginning on that date, is rated at 60 percent for the period prior to September 23, 2002. From September 23, 2002, his disability is rated as 40 percent for orthopedic manifestations and separately as 20 percent for neurologic impairment of both lower extremities.

The Board has restored the Veteran's disability rating for his service-connected lumbar spine disability from 20 percent to 10 percent, effective August 14, 2010. The reduction was not proper as there was reasonable doubt about whether there had been improvement in the Veteran's condition.

The Veteran's appeal has been dismissed as he withdrew his appeal in a February 2016 statement.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The Board has determined that additional development is needed to address the Veteran's claims for bilateral hearing loss, tinnitus, right deviated septum, left inguinal hernia, residuals of low back injury, and heart disorder. Specifically, an addendum opinion is needed regarding the etiology of these conditions.