Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's lumbar and cervical spine disabilities are directly related to his military service, specifically an improvised explosive device (IED) explosion during combat duty in Iraq. As such, the claims for service connection have been granted.

The Board has remanded the case due to incomplete records and additional development is needed, including obtaining service personnel records and medical records from VA and private providers.

The Veteran's lumbar spine degenerative disc and joint disease has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine or by incapacitating episodes having a total duration of at least 6 weeks during any 12-month period. The Veteran does not meet the percentage requirements for TDIU, as his service-connected disabilities are currently rated at 40 percent, 10 percent, and 10 percent, for a combined disability rating of 60 percent.

The Board has determined that further examination is needed for the Veteran's low back and right knee disabilities, as well as his bilateral hearing loss and GERD. The case will be remanded to allow for these examinations.

The Board has reopened the claim and determined that there is new and material evidence to support a service connection for a low back disability, finding it as likely as not related to his military service.

The Board has determined that the Veteran's current back disability and left foot disability do not meet the criteria for service connection, as there is no evidence of a causal relationship between his in-service injuries and his current conditions. The Veteran's claim for an increased evaluation for his left foot disability was also denied.

The Veteran's appeal is remanded due to the need for additional VA examinations and records, particularly regarding his service-connected back disability and its impact on his ability to work.

The Board found that the Veteran's current diagnosed degenerative disc disease of the lumbar spine is not etiologically related to his active service or a service-connected disability.

The Board has determined that additional development is necessary before the claims can be fully adjudicated.

The Veteran's claims for increased ratings are being remanded to the RO due to his request for a Board video conference hearing.

The Veteran's major depressive disorder is found to be causally linked to his periods of active duty service and ACDUTRA, resulting in the grant of service connection for this condition.

The Veteran's service-connected degenerative changes of the lumbar spine are currently rated at 20 percent, and the Board finds this rating is appropriate as his range of motion testing did not demonstrate forward flexion to 30 degrees or less.

The Veteran's kidney removal was not due to service, and the low back disability does not warrant a higher rating.,The left knee disability is already rated at its highest possible level of 10 percent.

The Veteran's increased ratings for chronic lumbar strain with DJD and radiculopathy of the right lower extremity were granted, with a rating of 40 percent for each condition effective from May 9, 2012.

The Board denied a higher initial rating for the Veteran's lumbar spine disability, with an effective date of March 6, 2005.

The Veteran's service-connected low back disability requires a brace, which tends to wear or tear his clothing. The Board finds that the Veteran is entitled to an annual clothing allowance for the year 2012.

The Board denied the Veteran's claims for increased ratings for right knee traumatic arthritis and major depressive disorder, as well as his requests for an earlier effective date for TDIU and SMC based on aid and attendance/housebound status. The claim for automobile adaptation was also addressed.

The Board has determined that the Veteran's lumbar spine disability is caused by his service-connected right knee disabilities (arthritis and meniscal instability). As such, the claim for service connection is granted.

The Board has remanded the issue of service connection for a lumbar spine disorder due to potential effective grant of service connection in an unsigned draft rating decision, and the need to clarify procedures for VSO review.

The Board has granted an initial evaluation of 20 percent for the Veteran's service-connected chronic lumbar myofascial strain as of October 25, 2012. The previous evaluations were denied.