Back / lumbar spine decisions — 2014

The Veteran's current diagnosis of spondylolisthesis at L5-S1 is found to be the result of a condition first noted during service, specifically spondylolysis at L5. As such, the Board grants service connection for this disorder.

The Veteran's claim for a TDIU is being remanded due to the need for additional VA examinations and consideration of recent treatment records. The Board will review the case again after these steps are completed.

The Board denied service connection for low back and mid-back disabilities, finding that the evidence did not support a link between these conditions and the Veteran's military service.

The Board denied the Veteran's claims of service connection for low back disorder, bilateral knee disorder, and acquired psychiatric disorder including PTSD. The Board found no evidence linking these conditions to his military service.

The Board found that the Veteran's low back disability, including a herniated disc and lumbar DDD, is not causally or etiologically related to his service. The claim for secondary service connection was also denied.

The Veteran's thoracolumbar strain resulted in limited forward flexion to 60 degrees prior to April 29, 2009. From that date, the condition did not result in any additional limitation of motion or associated neurological abnormalities warranting a higher rating.

The Veteran's low back disability, characterized by arthritis and IVDS, was granted a rating of 40 percent effective October 16, 2012. The initial ratings prior to this date were not higher than the assigned rating.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for degenerative joint disease of the lumbar spine and memory loss. This includes obtaining relevant in-service medical records, mental health records, and SSA disability determination records.

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment, warranting a TDIU.

The Veteran's appeals for service connection and higher ratings have been withdrawn. The Board has granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has restored a 30 percent disability rating for the Veteran's degenerative disc and joint disease of the cervical spine, effective June 25, 2009. The claim for an increased rating is granted.

The Board has remanded the case for additional development due to new evidence received after the most recent Statement of the Case.

The Veteran's physical impairment due to his nonservice-connected conditions requires care or assistance on a regular basis to protect himself from the hazards of daily environment, and the Board has determined that he meets the criteria for special monthly pension based on the need for aid and attendance.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected back disability, including any instability, painful motion, functional loss due to pain, weakness, excess fatigability, and additional disability during flare-ups. The examiner should also comment on whether muscle spasms have resulted in abnormal gait or spinal contour.

The Veteran's claims are being remanded for additional examinations and to associate any outstanding VA treatment records. The initial disability ratings for his service-connected anxiety disorder and thoracolumbar spine sprain will need to be reconsidered based on the new evidence.

The Veteran's service-connected disabilities do not cause or aggravate his claimed conditions, and the Board finds no evidence of a nexus between his service-connected right femur fracture residuals and either condition.

The Board found that the Veteran's current low back and right leg nerve disabilities are not related to his active service, thus denying service connection for both conditions.

The Veteran's service-connected lumbar syndrome with disc degeneration and radiculopathy of the lower extremities have not met the criteria for a higher disability rating, resulting in denial.

The Board has granted service connection for a low back disorder. The issues of service connection for left arm disability and bilateral leg disability will be re-adjudicated following any further development deemed necessary.

The Board has ordered additional development due to missing VA outpatient treatment records from the Veteran's service. The claims for back and chest disorders will be remanded for further action.