Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded due to the failure of VA to provide proper notice and scheduling for a Travel Board hearing. The case will be returned to the Board after the Veteran receives appropriate notification.

The Board has determined that the Veteran's low back disability is secondary to his service-connected right knee disability and grants service connection for this condition.

The Board has remanded the case for scheduling a personal hearing before a member of the Board by live videoconference due to the Veteran's request. The appeal is not about service connection at all, but rather about scheduling a hearing.

The Board has granted service connection for bilateral hearing loss, but denied the remaining issues due to lack of evidence linking them to military service.

The Board found that the Veteran's claimed neck and low back disabilities are not related to his military service, as there is no evidence of chronic conditions within one year post-service. The VA examiner concluded that any current degenerative joint disease in these areas is more likely due to normal aging.

The Board has decided to remand the case for additional development, including obtaining relevant medical records and providing an addendum opinion regarding the Veteran's low back disability.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not meet the criteria for an initial disability rating in excess of 10 percent for low back strain prior to January 21, 2015, or in excess of 20 percent thereafter, nor for a neurologic disability of the left lower extremity associated with low back strain. The Veteran's TDIU claim was also denied.

The Veteran's combined service-connected disabilities meet the criteria for a TDIU, as his PTSD and cervical strain with degenerative disc and joint disease prevent him from engaging in any type of substantially gainful employment.

The Veteran's hearing loss had its onset in service and the Board finds that he is entitled to service connection for bilateral hearing loss. The issue of entitlement to a TDIU has been referred to the Director, Compensation and Pension Service.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). However, his bilateral shoulder and knee disabilities may warrant extraschedular consideration due to their impact on employment.

The Board has remanded the case due to an inadequate VA examination, and further development is required.

The Board has remanded the case for further development, including a new VA examination to determine if any diagnosed lumbar spine disability is related to service.

The Board has determined that the Veteran's claimed conditions are not related to service or a service-connected disability.

The Board has determined that the Veteran's lumbar spine disability with radiculopathy of the bilateral lower extremities is service connected. The issues of entitlement to service connection for peripheral neuropathy and a disability of the bilateral lower extremities manifested by edema are addressed in this decision.

The Veteran's lumbosacral strain at L5-S1 was rated as 10 percent disabling prior to July 21, 2016. After that date, the rating was increased to 40 percent.

The Veteran's claim for a higher rating for his lumbar spine disability was denied as the evidence did not show that he met the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a supplemental opinion regarding the Veteran's bilateral knee disability.

The Board has remanded the case for further development due to incomplete records and issues related to service connection.

The Board denied service connection for a back disability, finding that the Veteran's current condition did not originate during active duty or any period of ACDUTRA or INACDUTRA. The Board also found no evidence linking his current back disability to his service-connected bilateral knee disability.

The Board has remanded the Veteran's claims for additional development to obtain an adequate VA examination and opinion regarding his left knee disability, right knee disability, back disability, and TDIU claim.