Back / lumbar spine decisions — 2017

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss and determined that new and material evidence has been received. The Veteran's bilateral hearing loss is found to be related to his in-service noise exposure, meeting VA's definition of a hearing loss disability under 38 C.F.R. § 3.385. Service connection for PTSD with depressive disorder, NOS, lumbar spine disability, cervical spine disability, and neurological disabilities of the left upper extremity and both lower extremities is granted.

The Board has determined that additional development is necessary before the appeal can be decided, including obtaining private medical records and scheduling a VA examination.

The Veteran's appeal is being remanded for a video conference hearing before the Board of Veterans' Appeals. The issues include service connection for various injuries and conditions.

The Board found that the Appellant's back disability is not related to his military service and denied the claim.

The Veteran's left knee disability has been rated at 100% since November 21, 2016. The Board granted a higher rating based on the severity of his condition following left knee replacement.

The Board found that the Veteran's current lumbar spine condition is not related to active service, but may be due to aggravation of a pre-existing condition during service.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that this rating adequately reflects the severity of his condition based on the limited range of motion documented in the VA examinations.

The Veteran's low back disability is rated at 40 percent since August 19, 2013. His bilateral pes planus and left foot hallux valgus with plantar fasciitis are not service-connected.

The Veteran's service connection claims for diabetic peripheral neuropathy, obesity, and a back disability have been granted. The effective date is set at April 27, 2012.

The Board has denied the Veteran's claim for service connection for a low back disability.

The Board has determined that additional development is needed to address the cause of the Veteran's death and whether his service-connected disabilities contributed substantially or materially to it. The appellant must provide any outstanding private treatment records, including those from North Shore University Hospital at Southside and a nursing home where the Veteran received care after being discharged from the hospital.

The Board has granted service connection for a low back disability, but denied service connection for left and right ankle sprains, right Achilles tendonitis, and right foot fracture residuals.,The Veteran's low back disability is presumed to have been incurred in service due to the nature of his military occupational specialty.

The Veteran's service-connected disabilities rendered him unemployable from July 1, 2008, and the Board granted entitlement to TDIU on an extraschedular basis effective that date.

The Veteran's claim for TDIU on an extra-schedular basis prior to October 25, 2011 was denied as there is no evidence that his service-connected disabilities alone rendered him unemployable.

The Board has determined that the Veteran's degenerative disc disease of the thoracolumbar spine and right sacroiliitis are related to her in-service motor vehicle-pedestrian accident, granting service connection for these conditions.

The Veteran is seeking service connection for a back disability and a temporary total rating following back surgery. The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that the Veteran's death was not caused by or substantially related to his military service or any of his service-connected disabilities.

The Veteran's claim for an increased disability rating for her lumbar strain prior to September 12, 2016 and in excess of 20 percent thereafter is being remanded due to the need for additional examinations and treatment records.

The Veteran's claim for an increased rating for his degenerative arthritis of the lumbar spine prior to December 3, 2007 was denied as there was no evidence showing that forward flexion was 30 degrees or less.

The Veteran's asthma, acquired psychiatric disorder (PTSD, anxiety, and depression), back disability, cervical spine disability, heart disability, bilateral ankle disability, left foot disability, right foot disability, bilateral hip disability, bilateral knee disability, and bilateral shoulder disability are not service connected. The Veteran's tinnitus and hearing loss were found to be aggravated by service.