Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities make him unable to secure or follow a substantially gainful occupation, and the Board grants TDIU.

The Board found that the Veteran's current lower back condition is not related to his service and denied his claim for service connection.

The Veteran's appeal is being remanded for further development and readjudication. The issues of increasing the rating for lumbar spine DDD to a higher level, and establishing an effective date prior to January 24, 2011 are pending.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA spine examination. The issues of entitlement to higher rating for low back disability and recoupment of severance pay by withholding VA benefits are also being addressed.

The Board has remanded the case for additional development, including obtaining VA medical records and providing an addendum opinion regarding the relationship between the Veteran's service-connected right knee disability and his low back disability.

The Board is remanding the case to consider new evidence received since the last decision, as no waiver of RO consideration has been provided.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a back disability. The evidence did not support a finding of in-service onset or continuity of symptomatology.

The Veteran's appeal is being remanded due to the inclusion of VA treatment records dated between February and August 2017 in the claims file. The case will be readjudicated, with all relevant evidence considered.

The Board has remanded the case due to a lack of service hospitalization records for the claimed incidents, and requests that the Veteran provide additional information about his treatment since service.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, low back disability, and psychiatric disability have been denied as there is no evidence of current disabilities or a causal relationship to service.

The Veteran's claim for a TDIU prior to December 21, 2011 is denied as his service-connected disabilities do not meet the criteria for a TDIU on a schedular basis. The case is remanded for further action regarding an extraschedular TDIU.

The Board has determined that the Veteran's cervical spine disorder and lumbar spine disorder are service connected. The cervical spine disorder is linked to his active duty service, while the lumbar spine disorder is considered secondary to his cervical spine disorder.

The Veteran's claim for service connection for a low back disability was reopened and granted. The Board also found that the Veteran's right leg and foot, right hip, and right knee disabilities are related to his service-connected low back disability.

The Veteran's claims for an effective date prior to June 14, 2013 for the award of service connection for tinnitus and a rating in excess of 10 percent for tinnitus were denied. The claim for service connection for a left knee disorder was granted based on service aggravation. The low back disorder claim is remanded due to insufficient medical opinion.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, bilateral hammertoes, calluses of the feet, and degenerative disc disease of the lumbar spine and cervical spine due to a fall during VA medical treatment. The right shoulder disorder is also granted as a result of the same incident.

The Veteran's claims for service connection for right ear hearing loss, low back disorder, right knee disorder, left knee disorder, and right ankle disorder have been granted. The appeals are based on direct evidence of a link between the conditions and military service.

The Veteran's appeal is being remanded for further development due to the need for updated VA examinations that comply with recent court decisions regarding musculoskeletal examinations.

The Veteran's claim for service connection for a thoracolumbar spine condition, including lumbar degenerative disc disease, is being remanded due to the need for a new VA examination and medical opinion regarding the etiology of his current back disorder.

The Board has reopened the Veteran's service connection claim for thoracolumbar scoliosis with spina bifida occulta and remanded the issue for further development, including an examination to determine if a back condition clearly and unmistakably pre-existed service and was not aggravated during service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for right knee and low back disabilities. The case will be returned to the agency of original jurisdiction after completion of this development.