Back / lumbar spine decisions — 2014

The Board has determined that the Veteran's current back disability, diagnosed as IVDS, lumbar osteoarthritis, and thoracic osteoarthritis, is related to his military service. As such, the claim for service connection is granted.

The Veteran's claims for extraschedular evaluation of his lumbosacral spine disability, increased rating for right knee arthroplasty, and retroactive effective date for radiculopathy are being remanded due to the need for additional examinations.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent.

The Board has remanded the case for additional development due to inadequate examination and opinion regarding service connection for a lumbar spine disability.

The Veteran's appeal is being remanded for further examination and development due to the lack of detail regarding incapacitating episodes resulting from his service-connected lumbar degenerative disc disease with lumbar facet syndrome.

The Veteran's combined rating was 80% prior to his death in December 2009, and 90% thereafter. The service-connected disabilities met the percentage requirements for a schedular TDIU, but did not render him unemployable due to their impact on his ability to secure or follow substantially gainful employment.

The Veteran does not have a current back disability that is related to his military service. The Board finds the preponderance of evidence against the claim.

The Veteran's appeal is remanded due to inadequate examination reports and the need for further development of his right knee osteoarthritis claim.

The Board has remanded this claim due to the inadequacy of a VA examination and for further development.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's current low back disorder is related to service or preexisted his military service.

The Board has determined that the Veteran's current lumbar spine disability is related to an injury he sustained during service, and thus grants service connection for this condition.

The Veteran's cervical spine disability is currently rated at 30 percent, effective April 1, 2007. The Board finds that the evidence does not support a higher evaluation for this condition.

The Board has determined that the Veteran's bilateral knee disorder and lumbar spine disorder are related to his military service, with no indication of undiagnosed illness or a medically unexplained chronic multi-symptom illness. The claims for service connection have been granted.

The Veteran's lumbar spine degenerative disc disease at L4-S1 and central spine stenosis is currently rated as 20 percent disabling, which adequately reflects the severity of his disability.

The claims for compensation under 38 U.S.C. § 1151 for right shoulder and lumbar spine disabilities are denied as the Veteran admitted that he injured these areas during his employment at VA, not due to VA medical or surgical treatment.

The Board has determined that there is new and material evidence to reopen the claims for service connection for cervical and lumbar spine disabilities, which are now granted as these conditions are found to be related to the Veteran's military service. The right leg disability, right elbow disability, and bilateral arm disability remain pending.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a low back disability and bilateral hearing loss. The Veteran's assertions of in-service injuries are considered, as is his history of falls related to his knee disability.

The Board has scheduled the Veteran for a Videoconference Board hearing due to his requests and will notify him of the date and time in accordance with VA regulations.

The Board has determined that the Veteran's low back disorder is service-connected, and his claim for a psychiatric disorder was granted based on new evidence. The effective date of these decisions will be determined by VA.

The Veteran's appeal involves multiple service-connected disabilities, including left knee arthritis and lumbar spine issues. The Board has determined that a remand is necessary to obtain updated evaluations for these conditions and to determine if the Veteran qualifies for TDIU based on his combined disability levels.