Back / lumbar spine decisions — 2014

The Veteran's death was not caused by or a result of his service-connected conditions, and therefore, the claim for service connection for cause of death is denied.

The Veteran's appeal is being remanded to allow for additional development, including scheduling a VA examination and issuing a Supplemental Statement of the Case (SSOC). The issues include increased evaluations for cervical spine strain and thoracolumbar spine strain, as well as TDIU.

The Board has restored the Veteran's original 40 percent rating for service-connected degenerative disc disease of the lumbosacral spine, effective February 1, 2010.

The Veteran's claim for service connection for arthritis of the lumbosacral spine is being remanded due to missing treatment records and personnel records, as well as the need for a VA examination.

The Veteran's thoracolumbar osteoarthritis is currently rated at 10 percent, and he has separate radiculopathy of the left lower extremity that warrants a separate 10 percent rating. The initial rating for his thoracolumbar osteoarthritis remains unchanged.

The Board has determined that the Veteran's low back and bilateral knee disorders are related to his military service, granting service connection for these conditions.

The Board denied service connection for bilateral hearing loss and tinnitus in August 2009, finding no evidence of a nexus to service. The claims were reopened but remain denied.,Service connection was not established for tinnitus as the evidence does not support a link between the condition and active duty.

The Veteran's acquired psychiatric disorder, specifically depressive disorder NOS, is found to be related to his service-connected cervical spine disability. The issues of service connection for urinary tract infections and prostatitis are remanded as the evidence does not provide sufficient information on their etiology.

The Veteran's low back disorder is currently rated at 20 percent disabling.

The Board has determined that the Veteran's service-connected left knee replacement disorder has chronically aggravated his low back condition, and thus grants service connection for a low back condition as secondary to the left knee replacement.

The Veteran's lumbar and thoracic spine disabilities have not been manifested by incapacitating episodes of intervertebral disc syndrome, forward flexion limited to 30 degrees or less, or ankylosis of the entire thoracolumbar spine. Therefore, his current ratings for DDD of the lumbar spine (20%) and DJD of the thoracic spine (10%) are not supported by evidence.

The Board found that the Veteran's atypical chest pain and lower back disability do not warrant a rating in excess of 20 percent.

The Board found that the Veteran's low back disability was not incurred or aggravated by service and denied his claim.

The Board has remanded the case due to inadequate examination and opinion regarding whether the Veteran's service-connected right knee disability caused or aggravated his low back disability. The claim will be returned for further development.

The Veteran's TDIU claim is being remanded for further review by the VA Compensation and Pension Service due to her service-connected disabilities, which include multiple conditions such as endometriosis, asthma, depression, degenerative disc disease, vertigo, radiculopathy, ovarian cysts, and carpal tunnel syndrome. The case will be referred back for an extraschedular TDIU rating under 38 C.F.R. § 4.16(b).

The Board has determined that additional evidentiary development is required prior to adjudication of the Veteran's claim for service connection for a back disability. The case is REMANDED for further action.

The Board has determined that the Veteran does not have a current diagnosis of low back, left knee, sleep apnea, or heart disabilities and therefore cannot establish service connection for any of these conditions.

The Board found no evidence linking the Veteran's current cervical spine disability to his military service, and denied his claim for service connection. For his low back disability, the Board found that it was related to service based on continuity of symptomatology.

The Board has determined that the Veteran's lumbar spine disability is service-connected as it resulted from a back injury in service.

The Board has determined that the Veteran's claimed disabilities are not related to service, and therefore denied his claims.