Back / lumbar spine decisions — 2015

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's claim for increased evaluations for his service-connected lumbar spine disability is being remanded due to the need to obtain additional medical records and determine if a new examination is warranted.

The Veteran's intervertebral disc syndrome with degenerative changes of the lumbar spine does not meet the criteria for a higher rating as it does not result in limitation of motion or ankylosis.

The Board has remanded the Veteran's appeal for additional development, including obtaining medical records and scheduling a VA examination. The issues of entitlement to higher ratings for low back disability and TDIU have also been addressed.

The Board has reopened the claim of service connection for a low back disability and finds that there is sufficient evidence to establish that the Veteran's current condition is related to her active duty service, including an injury sustained in 2006 during ACDUTRA. Service connection is therefore granted.

The Board has denied the Veteran's claims for service connection for left knee, lumbar spine, right great toe and Morton's neuroma of the left foot disabilities as secondary to his service-connected partial tear of the left Achilles tendon. The most probative evidence does not support a finding that these conditions are related to service or his service-connected condition.

The Veteran's tinnitus is service-connected. The psychiatric, low back, elbow, and knee disorders are not service-connected.

The case is being remanded to the AOJ for scheduling a Board hearing due to the Veteran's pending request. The appeal will be handled in an expeditious manner.

The Veteran's claims for increased ratings for his service-connected right upper back and shoulder pain, left lower extremity radiculopathy, and L4-5 lumbar diskectomy are being remanded to obtain additional medical evidence and a new VA examination.

The Board found that the Veteran's current lumbar spine strain is not etiologically related to service, and thus denied his claim for service connection.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU beginning January 29, 2015. However, prior to that date, his combined disability rating did not meet the schedular criteria for a TDIU.

The Board has reopened the Veteran's claim of service connection for a low back condition and finds that, resolving all reasonable doubt in his favor, there is sufficient evidence to establish that his current low back condition is related to his period of active military service. The issue of service connection for prostate and pulmonary conditions remains on appeal.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and extent of her service-connected PTSD, back condition, uterus condition, and unemployability.

The Board has determined that the Veteran's service-connected disabilities are of such nature and severity as to preclude him from securing or maintaining substantially gainful employment, warranting a TDIU rating.

The Veteran's service-connected disabilities, including her back and psychiatric conditions, render her unable to secure or follow substantially gainful employment.

The Veteran's claims for increased ratings for his right shoulder and knee conditions have been granted, with the right shoulder receiving a temporary evaluation of 100 percent from July 28, 2014 to October 1, 2014, followed by a permanent rating of 20 percent. The lumbar strain has also received an increased rating.

The Veteran's claims for service connection for a heart condition, increased ratings for DJD of the lumbosacral spine, and radiculopathy of both lower extremities were denied. The Board found that there was no evidence to support a direct relationship between his current conditions and service.

The Veteran's case is being remanded for additional development to clarify his military service in 2001, obtain medical records from Phoenix Pain Medicine, and provide addendum opinions regarding the etiology of his cervical spine disorder, lumbar spine disorder, and knee disorders.

The Board denied the Veteran's claims for increased ratings for his service-connected disabilities, including bilateral hearing loss, anxiety disorder, degenerative disc disease of the lumbar spine, patellofemoral syndrome of the knees, radiculopathy of the lower extremities, and headaches. The appeals were decided as denied.

The Veteran's claims for increased ratings for asthma and low back disability have been denied as the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.