Back / lumbar spine decisions — 2014

The Board has remanded the case for further evidentiary development due to insufficient information regarding the relationship between the Veteran's back condition and his service-connected esophageal trauma.

The Board has determined that it is at least as likely as not that the Veteran's cervical spine disability, diagnosed as spondylosis and degenerative disc disease, resulted from in-service injury to the cervical spine. Therefore, service connection for this condition is granted.

The Veteran is found to be in need of regular aid and attendance due to his service-connected lumbar spine disability, which requires assistance with activities such as dressing, undressing, bathing, and preparing meals. The Board finds that the Veteran's condition necessitates this level of care.

The Board has granted service connection for PTSD, finding that the Veteran's combat-related stressors established his in-service occurrence. The VA examiner opined that the Veteran's neck and low back disorders are at least as likely as not related to parachute jumps during service.

The Veteran's service-connected disabilities are too numerous and severe to identify a feasible vocational goal, leading to the denial of his VR&E benefits.

The Board has determined that service connection is warranted for left hip strain, degenerative disc disease of the lumbar spine, traumatic brain injury, and major depressive disorder. The Veteran's PTSD claim was also granted.

The Veteran's claim for a higher disability rating for his service-connected chronic lumbar strain with degenerative disc disease prior to May 16, 2006 was denied. The Board found that the evidence did not support a rating in excess of 20 percent.

The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity. The arthritis of the lumbosacral spine, when considered with associated radiculopathy, warranted a separate rating for left lower extremity radiculopathy.

The Veteran's lumbar spine disorder, including degenerative disc disease and spondylolisthesis at L5-S1, is considered to be a congenital defect that existed prior to service. The VA examiner opined it did not worsen during service.,There is no evidence of a pre-existing disability in the lower extremities manifested by numbness or loss of feeling which was aggravated by service.

The Veteran's appeal is being remanded for additional development, including VA examinations and opinion requests related to his service-connected lumbar spine, right shoulder, and thumb disabilities, as well as headaches. The claims will be reconsidered in light of all evidence.

The Board has determined that the Veteran's claimed conditions, including hearing loss, tinnitus, back disorder, bilateral ankle disorder, respiratory disorder (presumed due to herbicide exposure), and GERD, are not related to his active service. The appeal is denied.

The Board found no evidence of a chronic lumbar spine disability in service or within one year after discharge, and the Veteran's current condition is not related to his active duty. The claim for service connection is denied.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations, treatment records, and development of evidence.

The Board has determined that new and material evidence exists to reopen the claim for service connection for a low back disability. The Veteran's current low back strain is at least as likely as not causally related to multiple stresses to the spine experienced during active military service as a helicopter pilot and mechanic.

The Board denied the Veteran's claims for service connection for sexual dysfunction, lumbosacral strain, right knee strain, left knee strain, and special monthly compensation based on aid and attendance.

The Veteran's service-connected degenerative disc disease has been rated at 60 percent disabling, and she is found to be unemployable due to her disability. The Board granted both the increased rating claim for degenerative disc disease and the TDIU claim.

The Veteran's GERD and lumbar spine disability have been granted increased ratings. The TDIU claim was also granted.

The Board has determined that the Veteran's current lumbar and cervical spine disorders are causally related to an in-service back injury, thus granting service connection for these conditions.

The Board has determined that there is no proof of current disabilities for the right arm or elbow, low back, and bilateral ankle conditions. Therefore, service connection cannot be granted.

The Board found that the Veteran's low back condition is not causally or etiologically related to active service, including his bilateral inguinal floor repairs, recurrent right-sided hernia, and bilateral hernia scars. The claim for service connection was denied.