Back / lumbar spine decisions — 2016

The Board has remanded the case due to incomplete records and the need for additional medical opinions.

The Veteran's hypertension and lumbar spine disability have not been found to warrant higher evaluations under the applicable rating criteria.

The Veteran's right and left carpal tunnel syndromes have been rated as 20 percent disabling, effective October 21, 2011. The cervical spine disability has also been rated as 20 percent disabling.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and her inability to secure or follow a substantially gainful occupation due to her service-connected disabilities has been established.

The Board has remanded the case for further proceedings consistent with a Memorandum Decision from the Court, including referral of the TDIU issue to the VA Under Secretary for Benefits or the VA Director of Compensation and Pension Service under 38 C.F.R. § 4.16(b).

The Board denied the Veteran's claim for service connection for a lumbar spine disorder, finding that there was no evidence of a nexus between his active duty service and his current condition. The Veteran is also not entitled to special monthly compensation based on need for aid and attendance or housebound status.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to July 31, 2014.

The Veteran's right kidney cyst is found to be secondary to his service-connected epididymitis, and thus service connection for the condition is granted.

The Board has granted service connection for tinnitus and bilateral hearing loss, finding that the Veteran's current conditions are related to his military service. Service connection was denied for a low back disability due to lack of evidence showing it is related to service.

The Veteran's appeal is REMANDED for additional development.,The Veteran seeks service connection for a cervical spine disability, claimed as degenerative disc disease of the cervical spine. The AOJ must schedule him for a VA examination to determine whether his current cervical spine disability is related to an in-service injury during boot camp in 1974.,The Veteran claims service connection for an acquired psychiatric disorder, including depression, adjustment disorder, and PTSD. He also seeks service connection for cataracts, glaucoma, diabetes mellitus, ischemic heart disease, Parkinson's disease, hairy cell leukemia (secondary to herbicide exposure), a left ankle disability, a right leg disability, and a left leg disability.,The Veteran asserts entitlement to an initial evaluation in excess of 20 percent for his service-connected thoracolumbar spine disability. The AOJ must schedule him for a VA examination to determine the current nature and severity of his thoracolumbar spine disability.,,,,,

The Board has determined that additional development is needed, including obtaining Social Security Administration records and a VA examination. The Veteran's TDIU claim will also be considered on remand.

The Veteran's hypertension was not incurred in or aggravated by service, and the Board denied his claim. The VA examination report is inadequate for adjudicative purposes regarding bilateral pes planus, asbestosis, and a back disability.

The Veteran's right knee and low back disabilities are related to his service-connected left knee, resulting in service connection being granted for these conditions.

The Board has determined that the Veteran does not have a current hip or back disability and finds that his hip and low back conditions are not related to his service-connected right ankle disorder.

The Veteran's service-connected disabilities, including left lower extremity osteoarthritis and other joint conditions, have resulted in significant impairment that affects his ability to locomote without the aid of braces, crutches, canes, or a wheelchair. The Board finds the evidence is at least in equipoise as to whether he meets the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing.

The Veteran's appeals have been dismissed as he has withdrawn his claims prior to the Board issuing a decision.

The Veteran was granted service connection for degenerative joint disease, degenerative disc disease, and herniated discs of the lower back with a 40% evaluation effective May 15, 2007. The claim was reopened based on new and material evidence submitted after the August 2003 denial.

The Board found no evidence to support the Veteran's claim of service connection for his back disorder, concluding that the current condition is not causally related to his military service.

The Board has determined that the Veteran's claimed bilateral knee, foot, thoracolumbar spine, left hand injury, and headache disabilities were not incurred or aggravated during service. The evidence does not support a finding of service connection for these conditions.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to assess the current level of severity of her lumbosacral spine disability and associated radiculopathy. The issue of whether a higher schedular rating may be assigned must still be considered on the merits.