Back / lumbar spine decisions — 2016

The Veteran's claim for TDIU is being remanded due to the need for further development, including a VA social and industrial examination.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound is REMANDED due to incomplete development. The AOJ needs to obtain additional medical records, conduct a VA examination, evaluate his nonservice-connected disabilities, and determine if he meets the requirements for aid and attendance or housebound status.

The Veteran's claims for increased ratings for his service-connected patellofemoral syndrome of the left and right knees, as well as lumbar and thoracic musculotendinous strain, were denied. The Board found that there was no evidence showing that any of these conditions warranted a rating in excess of 10 percent or separate compensable evaluations.,The Veteran's claims for service connection for a right shoulder condition and bilateral hip disorder were also denied. The Board determined that the Veteran did not have a current diagnosis of a right shoulder condition related to his military service, nor was there evidence showing that any hip disorder was caused by or aggravated by a service-connected disability.

The Board found no evidence of a chronic left eye disability or low back disability due to service, and thus denied the Veteran's claims for service connection.

The Veteran's degenerative disc disease, C6-7, results in limitation of motion to 15 degrees or less and is currently rated at 30 percent. The Board has granted a TDIU based on the service-connected cervical spine disability and bilateral upper extremity radiculopathy, effective August 1, 2014. SMC at the housebound rate is also granted.

The Board has decided to remand the case for further development and consideration, including obtaining additional VA treatment records and providing a new VA medical examination.

The Board has determined that the Veteran's low back disability is not related to his military service and denied the claim. The skin disorder was found less likely as caused by or aggravated by service, but further examination is needed.

The Board found that the Veteran's bilateral leg disability, right arm disability, hyperpigmented area of skin on right hand, and lumbosacral strain were not incurred in or due to his active service.

The Veteran withdrew his appeals for increased ratings for depressive disorder and cervical spine disability prior to the Board's decision.

The Board has remanded the case for additional development, including scheduling a VA spine examination to assess the severity of the Veteran's lumbar spine disability and obtaining outstanding treatment records.

The Board has determined that there is no evidence of a current back disorder and the Veteran did not have any diagnosed back problems during service. Therefore, the claim for service connection for a back disorder is denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of his right ear hearing loss and readjudication of his claims.

The Board found that the Veteran's current back disorder and back strain did not originate in service, and thus denied service connection for these conditions.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of evidence showing an earlier claim was filed.

The Veteran's low back disability was granted a 20 percent rating effective February 9, 2015. The claims for bilateral femoral and sciatic nerve radiculitis were also granted with the same effective date. However, the Veteran contests the effective dates of these awards.

The Board has remanded the case due to the Veteran's request for a video conference hearing, and the AOJ should schedule this hearing in accordance with his request.

The Veteran's lumbar spine disability is rated at 20 percent, and service connection for bilateral hip arthritis and pes planus has been granted based on their association with his service-connected back disability.

The Board has determined that the Veteran's current back disorder, including IVDS, DDD, and spondylosis, is not etiologically related to his military service.

The Board has remanded the case for further development and readjudication of the Veteran's claims, including a review of recent VA examination reports and consideration of any outstanding VA treatment records. The issues will be reconsidered with respect to the evaluation of the Veteran's lumbar spine disability and his entitlement to TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature and severity of his lumbar spine disability and bilateral knee disability.