Back / lumbar spine decisions — 2016

The Board has decided to remand the Veteran's claims for additional development due to scheduling issues with VA examinations in Spain.

The Veteran's appeal is being remanded due to the submission of new evidence and a request for a Travel Board hearing. The claims will be readjudicated by the RO.

The Board has granted service connection for a lumbar spine disability. The issues of bilateral hearing loss, tinnitus, and removal of ingrown toenail from the left fifth toe are dismissed due to withdrawal by the Veteran.

The Board has determined that additional development is needed before the Veteran's remaining claims on appeal can be decided.

The Veteran's appeal is being remanded for further development, including new VA examinations to assess the severity of his service-connected cervical spine, left upper extremity radiculopathy, and left shoulder disabilities. The case will be reconsidered in light of Correia v. McDonald.

The Veteran's lower back disability was not incurred in or aggravated by service. His left ear hearing loss and gastroesophageal disability are pending as additional evidence is needed to determine their etiology.

The Veteran's lumbar spine degenerative joint disease was granted an initial 10 percent rating prior to April 15, 2010. The issue of whether a higher rating is warranted for the entire appeal period remains pending and will be remanded.

The Board has determined that the Veteran's lumbar spine disability warrants a rating of 40 percent, but no higher. The claims for service connection for radiculopathy of the right and left lower extremities are REMANDED as they are inextricably intertwined with the issue of increased rating for lumbar spine disability.

The Board has remanded the case due to inadequate VA examination and incomplete development of the low back disorder issue. The respiratory disorder claim will be reconsidered based on all available evidence.

The Veteran is granted special monthly pension based on the need for regular aid and attendance due to his seizure disorder, which requires assistance from others to protect him from daily hazards.

The Veteran's service-connected disabilities, particularly his cervical spine condition and anxiety and depression, render him unable to secure or follow a substantially gainful occupation. The Board finds that a TDIU is warranted.

The Board denied the Veteran's claims for service connection for a bilateral knee disorder and a back disorder, finding that there was no evidence of in-service injury or disease. The Board also found that any current disabilities were not proximately due to or aggravated by a service-connected disability.

The Board has determined that the Veteran's low back disorder and acquired psychiatric disorder are related to his service, with resolution of doubt in favor of the Veteran.

The Veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after appropriate action has been taken.

The Veteran's GERD has been rated at 30 percent since March 15, 2009. The low back disability has not met the criteria for a higher rating than 20 percent.

The Board has ordered a remand to obtain an addendum opinion regarding the etiology of the Veteran's low back disorder and left leg numbness/radiculopathy, which were found to be less likely as not caused by or aggravated by his service-connected right and left knee disabilities. The case is now being returned for further development.

The Veteran is entitled to at least a 20 percent disability rating for the orthopedic manifestations of her service-connected low back disability, with some limitations due to pain and flare-ups. Further development is needed to determine if she is entitled to an even higher rating.

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and scheduling a new examination. The claims will be reconsidered after these actions are completed.

The Veteran's low back disability is rated at 40 percent since December 3, 2013. His associated radicular involvement of the left sciatic nerve is also rated at 40 percent. The Board granted a TDIU based on his service-connected disabilities.