Back / lumbar spine decisions — 2014

The Veteran's service-connected disabilities, especially PTSD with major depressive disorder, peripheral neuropathy of the lower extremities, and degenerative changes of the lumbosacral spine, preclude him from securing or following a substantially gainful occupation. The Board finds that TDIU is warranted.

The Board has remanded the case for a clarification of whether the Veteran's left knee and low back disabilities are caused or aggravated by his service-connected right knee disability. The claims will be reconsidered after the additional development.

The Board has remanded the case for a new VA examination to determine the etiology of the Veteran's lumbar spine disability and whether it is related to service or his service-connected bilateral shin splints.

The Board has granted service connection for the Veteran's back disability as secondary to his service-connected left ankle disability. The psychiatric claim remains pending.

The Veteran's claims for increased ratings for his thoracolumbar spine disability and right lower extremity radiculopathy were denied. The Veteran was not granted any higher ratings.

The Board found that the Veteran's degenerative arthritis of the lumbar spine did not preexist his entry into active service and was not shown to be related to his military service. The VA examiner concluded that the current condition is less likely than not incurred in or caused by an in-service injury, event, or illness.

The Board has ordered a remand due to the need for additional development, including obtaining treatment records and scheduling an addendum opinion from the VA examiner who conducted the January 2012 back conditions DBQ. The Veteran's claim will be reconsidered based on this new evidence.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not related to service, including his in-service injuries. The evidence does not support a finding of service connection for these conditions.

The Veteran's bilateral carpal tunnel syndrome is related to his service-connected type II diabetes. The Board has granted the claim for service connection.

The Veteran's claim for an initial evaluation in excess of 20 percent for a lumbar strain from November 1, 2008 is being remanded due to inadequate examination reports and the need for additional VA treatment records.

The Veteran's low back disability is not shown to meet the criteria for a higher rating, and his bilateral foot disability does not warrant an increased rating either.

The Board has remanded the Veteran's claim for additional development to obtain medical opinions addressing whether his current lumbar spine disorders are related to service, specifically an injury in December 1970, and whether they are proximately due to or aggravated by his service-connected left knee disability.

The Veteran's service-connected lumbar spine disability is rated at 20 percent, effective from the date of the grant of service connection (November 7, 2005).

The Veteran's lumbar spine disability was rated at 40 percent effective November 21, 2013. The appeal is denied as the disability does not meet or approximate criteria for a higher rating.

The Board has determined that the Veteran's bilateral leg disorder is not service-connected, but his low back disorder is found to be aggravated by his service-connected pilonidal cyst condition.

The Board has determined that the Veteran's appeal for service connection for a back disability and arthritis of the hips is withdrawn.

The Veteran died from atherosclerotic cardiovascular disease, which was not service-connected. The Board found that the Veteran's dementia and hypertension did not have onset during active service or within one year of active service, and there is no evidence linking these conditions to his service-connected back disability.

The Board has determined that the Veteran's right arm, right leg, and back disabilities did not manifest in service or for many years thereafter. The Board also found that these conditions are less likely than not secondary to his service-connected left ankle disability.

The Board is reopening the claims for service connection for low back and right knee disabilities, but remanding them to the Agency of Original Jurisdiction (AOJ) for further development. The Veteran's left knee disability, cervical spine, lumbar spine, and right knee disabilities are being examined again due to new evidence.

The Board has decided to remand the claim for further development due to a need for additional examination and records, particularly regarding the severity of the Veteran's service-connected low back disability.