Back / lumbar spine decisions — 2018

The Veteran's IBS has been rated at 30 percent since November 26, 2013. The Board finds a 30 percent rating is warranted for the entire appeal period.

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

The Veteran's claim for service connection for lumbar degenerative disc disease with spondylosis, previously considered as low back condition, to include secondary to right shoulder bursitis is being remanded due to the need for a new VA examination.

The Veteran's back condition is not service-connected as it did not manifest during or within one year after his military service and there is no evidence linking the current disability to service.,Bilateral hearing loss was not shown to have occurred in service, did not manifest for several years thereafter, and is not related to service.

The Board has remanded the case for additional development, including obtaining STRs from the Veteran's ACDUTRA period and seeking private treatment records. The claims will be reconsidered after this additional development.

The Veteran's service connection claim for degenerative disc disease (neck pain) was denied. His bilateral hearing loss and analgesic nephropathy (kidney pain) claims were granted, with the latter being secondary to his service-connected lumbosacral strain.

The Board has determined that further development is needed to properly adjudicate the claims of service connection for low back and cervical spine disabilities, as well as the claim for a TDIU rating. The case is REMANDED for the following: 1) Obtain complete clinical records of any hospitalization during service; 2) Secure all private evaluations and treatment records from identified providers; 3) Arrange for an orthopedic examination to determine the nature and likely etiology of the Veteran's low back and cervical spine disabilities.

The Veteran's service-connected disabilities result in the functional equivalent to the loss of use of a foot, warranting automobile and adaptive equipment or adaptive equipment only.

The Veteran is seeking service connection for multiple spinal and shoulder disabilities, including those allegedly incurred during active duty training (ADT) on June 12, 2004. The Board has determined that additional development is needed to verify the ADT period and obtain relevant medical records.

The Veteran's lumbar strain disability has resulted in forward flexion of the thoracolumbar spine of 30 degrees or less since February 24, 2010. The Board finds that an effective date of February 24, 2010 for the grant of a 40 percent rating is warranted.

The Veteran's claims for service connection and increased ratings were denied. The Board found no new and material evidence to reopen the claim for bilateral knee disorder, and concluded that there was insufficient evidence to establish a link between his current hip or low back conditions and his military service. His acquired psychiatric disorders were also not linked to his service. For his Achilles tendonitis claims, he did not meet the threshold requirements for increased ratings. The Veteran's TDIU claim was denied as well.

The Board has decided to remand the case for further development, including obtaining VA medical records and scheduling a VA examination. The Veteran is seeking service connection for his low back disorder.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for right and left carpal tunnel syndrome with ulnar neuropathy resulting from VA treatment, but granted his claim for Total Disability Rating Based on Individual Unemployability prior to October 31, 2014.

The Veteran's claim for a higher rating for degenerative disc disease of L4-L5 from February 27, 2015 was granted. The effective date remains to be determined.

The Board has determined that the Veteran's current degenerative arthritis of the thoracolumbar spine is incurred in service, and his bilateral hearing loss disability does not meet the criteria for a compensable degree within one year post-service. The decision grants service connection for the back disability but denies service connection for the hearing loss.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation beginning December 5, 2008.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied by the Board of Veterans' Appeals.

The Board has determined that the Veteran's degenerative disc disease and degenerative joint disease of the lumbar spine had its onset during service, granting his claim for service connection.

The Veteran's claims for increased ratings for his spine disability, sciatic nerve radiculopathy, and hallux valgus have been denied as the evidence does not support a higher rating under the applicable criteria.

The Veteran's low back disability is rated at 60 percent since January 18, 2012. The right lower extremity radiculopathy has been separately rated at 20 percent effective January 18, 2012.