Back / lumbar spine decisions — 2016

The Veteran's claims for increased disability ratings for his service-connected left shoulder tendonitis and thoracolumbar spine degenerative joint disease are being remanded due to the need for additional development, including a new VA examination.

The Veteran's claims for service connection for left ear hearing loss, right ear hearing loss, tinnitus, and lumbar spine disability have been denied. The Board finds that the evidence does not support a finding of current disabilities or a causal relationship between service and these conditions.

The Board found that the Veteran's current low back disability was not incurred or aggravated by his active duty, and thus denied service connection for a low back disability.

The Board has remanded the case due to deficiencies in VA examinations conducted during an earlier remand. The Veteran's claims for service connection of neck, thoracolumbar spine, and right hip disorders are now pending.

The Veteran's claims for increased ratings and TDIU were denied. The effective date of Dependents' Educational Assistance (DEA) eligibility was not granted earlier than June 3, 2015.

The Board has remanded the case for additional development due to inadequate VA examinations and improper reliance on medical judgment in determining the severity of the Veteran's service-connected lumbar spine disability and bilateral hearing loss.

The Veteran's service-connected herniated lower lumbar disc is rated at 20 percent, and the Board finds that a higher rating on an extra-schedular basis is not warranted. The Veteran's other service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims for further action due to a disagreement with the September 2015 decision denying service connection for lumbar spine, cervical spine, and left leg disorders. The case is now pending before the Board.

The Board has granted service connection for bilateral hearing loss and assigned a 40 percent rating, effective May 15, 2006.

The Board has remanded the case for additional development, including obtaining medical opinions and private treatment records. The Veteran's right knee and back disabilities are being reviewed to determine if they are related to service.

The Veteran's claim for a rating in excess of 10 percent for degenerative arthritis of the lumbar spine, with intervertebral disc syndrome is being remanded due to the need for additional examination and development.

The Board found that the Veteran's hypertension was not incurred in or related to his service, and he did not have ischemic heart disease. The cause of death due to hypertension with possible cardiac involvement is also denied.

The Veteran's claim for an increased evaluation of his service-connected lumbar spine disability is being remanded due to the need for a new VA examination and consideration of additional evidence.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure and maintain substantially gainful employment, thus granting his claim for a total disability rating based on individual unemployability.

The Board has determined that additional development is needed to obtain the Veteran's complete service treatment records and personnel records. The case will be remanded for this purpose.

The Veteran's claims for increased ratings for his right shoulder, lumbar spine DDD, and right lower extremity radiculopathy have been granted. The Veteran is currently assigned a 20 percent rating for each condition.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional development and an addendum opinion from the VA examiner.

The Veteran's degenerative disc disease of the thoracolumbar spine is currently rated at 20 percent, but his symptoms indicate a need for a higher rating. The Board has determined that he should be assigned a 40 percent disability rating.

The Board found no evidence of a low back injury during service and concluded that the current low back disorder is not related to active duty. The claim for service connection was denied.

The Board has remanded the case for additional development, including a VA medical examination to evaluate the severity of the veteran's service-connected low back disability. The appeal is pending and will be reconsidered after the additional development.