Back / lumbar spine decisions — 2017

The Board has remanded the case for additional development due to insufficient notification of a scheduled VA examination and unclear address information.

The Veteran's claims for increased ratings for his lumbar spine degenerative disc disease with scoliosis, left and right lower extremity lumbar radiculopathy with diabetic peripheral neuropathy have been denied as the evidence does not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the Veteran's petition to reopen his claim of service connection for bilateral hearing loss and denied his increased rating claims for lumbar spine degenerative joint disease. The TDIU claim was also denied as the Veteran failed to complete required VA development.

The Board has granted a TDIU effective July 7, 2014, based on the Veteran's service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has determined that the Veteran's low back condition is not related to his active duty service and therefore denied his claim for service connection.

The Board has reopened the claim for service connection of a low back disability, finding new and material evidence. The case is now remanded to determine if the Veteran's current low back disability was caused or aggravated by his service-connected left and right knee disabilities.

The Veteran's service-connected low back disability was evaluated at a 20 percent rating prior to June 27, 2014. The evidence shows that the Veteran experienced limited range of motion and occasional incapacitating episodes, but did not meet the criteria for higher ratings based on unfavorable ankylosis or other specific diagnostic codes.

The Board has determined that the Veteran's current back disorder is not related to his military service and therefore denied his claim for service connection.

The Board has granted service connection for tinnitus, finding that the Veteran's in-service noise exposure is at least as likely as not related to his current condition. The remaining claims of service connection for bilateral hearing loss, left knee disability, back disability, and neck disability are remanded for additional development.

The Board has recharacterized the issue of an increased evaluation for the Veteran's lumbar spine disability and awarded a 20 percent evaluation effective March 1, 2009. The Veteran is currently assigned a noncompensable evaluation for his residual scar.

The Board has found service connection warranted for peripheral neuropathy, gastrointestinal issues, bilateral hearing loss, tinnitus, and a back disability. Service connection is denied for hypertension.

The Board has determined that the Veteran's right knee disability did not have its onset in service and is not otherwise related to service. The issue of secondary service connection for a left knee disability was also addressed, but as the Veteran's right knee disability is not service-connected, this secondary claim cannot be granted. The issue of service connection for a back disability is being remanded.

The Veteran's sleep apnea is found to be related to service, and his claim for service connection is granted.,New evidence has been submitted that relates to an unestablished fact necessary to reopen the back disability claim. The claim is therefore reopened.

The Board has remanded the case due to the need for additional examinations and records, particularly regarding the Veteran's low back condition and respiratory disorders.

The Veteran's headaches have been found to meet the criteria for a 50 percent rating, with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Veteran is entitled to an effective date of April 24, 2012 for TDIU due to his service-connected disabilities.,The Veteran is also entitled to an effective date of April 24, 2012 for DEA benefits as he was granted a total disability rating on that same date.

The Veteran's appeal is being remanded due to the need for a new VA examination and consideration of his TDIU claim.

The Board has reopened the Veteran's claims for service connection for right and left knee disorders, but remanded to obtain a new VA examination to address the relationship between her current bilateral knee, hip, and low back conditions and her service-connected bilateral ankle disability.

The Board found that the criteria for an increased rating were not met for the Veteran's right wrist disability prior to September 8, 2014 and denied his claims for increased ratings as of this date. The claim for a compensable rating for his right wrist scar was granted. The Board also determined that new and material evidence had been submitted in order to reopen his previously denied claim for service connection for a back disorder. However, the Board found no basis to grant service connection for sleep apnea.