Back / lumbar spine decisions — 2017

The Veteran's bilateral hearing loss and tinnitus are found to be related to his active duty service. The low back disability is not currently service connected, but the Board finds in favor of granting it based on credible statements regarding in-service noise exposure.

The Board has granted service connection for migraine headaches, right hand, 5th metacarpal condition, and back disability. The claims are based on direct service connection as the evidence is in equipoise regarding whether these conditions had their onset during military service.

The Veteran's service-connected disabilities preclude him from obtaining and maintaining substantially gainful employment for which he would otherwise be qualified.

The Veteran's migraines are rated at 30 percent, while his lumbosacral strain does not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the severity of his lumbar spine disability. The issue of entitlement to TDIU has also been raised by the record.

The Board found that the Veteran does not have a current disability of the back that manifested during, or as a result of, active military service, nor does he have a current disability of the back that was caused by, or aggravated by, a service-connected disability.

The Veteran's cervical and lumbar spine conditions are found to have originated during service, meeting the criteria for service connection.

The Board has determined that the Veteran's low back disorder is related to her service-connected knee and left hip disabilities, granting her claim for service connection.

The Board has remanded the case for further development due to new findings in VA medical opinions and incomplete records. The claims are related as they involve multiple conditions potentially linked to service-connected disabilities.

The Veteran's service-connected lumbar spine disability has been rated at 40 percent since May 27, 2016. The rating is effective from that date.

The Veteran has withdrawn his appeal for the issue of entitlement to an increased rating for lumbar strain, currently evaluated as 40 percent disabling.

The Veteran's right knee disability has been rated at 10 percent for many years, and the most recent VA examination did not find any additional functional loss due to pain or other factors. The Veteran’s range of motion was within normal limits with no ankylosis.

The Veteran's cervical spine disability is rated at 30 percent since August 5, 2014. The effective date for service connection of left shoulder tendonitis remains August 19, 2008.

The Veteran's claims for increased ratings and TDIU are being remanded due to missing records, inadequate examinations, and the need for further development.

The Board denied service connection for a low back disability and left leg numbness, finding that the Veteran's current conditions did not have an in-service onset or superimposed injury. The Board also found insufficient evidence to establish a link between the Veteran's current left leg numbness and his military service.

The Board has remanded the claims due to the need for additional VA examinations and consideration of any outstanding private or VA treatment records.

The Veteran's radiculopathy of the RLE is rated at 10 percent before September 11, 2015 and increased to 40 percent thereafter. The issue remains on appeal for higher ratings.

The Board has determined that the Veteran's right knee, left knee, and lumbar spine disabilities are related to service. The evidence is at least in equipoise regarding the etiology of these conditions.

The Veteran's dermatitis is rated at 30 percent, effective January 11, 2016. The low back condition is rated at 20 percent, effective July 11, 2016.

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