Back / lumbar spine decisions — 2015

The Veteran's appeal is remanded due to procedural deficiencies and the need for additional evidence, including VA treatment records and examinations. The issues of service connection, disability ratings, TDIU, and competency are all pending.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge at the New York, New York RO. The Board will decide his claims after affording him this opportunity.

The Veteran's lumbar spine DJD has been granted service connection based on a finding of chronicity in service and continuity since service separation.

The Veteran's claim for a higher initial rating for his service-connected degenerative disc disease with facet arthritis of the lumbosacral spine is being remanded due to the need for additional treatment records.

The Veteran's service-connected back condition, characterized by limited forward flexion of the thoracolumbar spine to 50 degrees and a combined range-of-motion of 125 degrees, warrants a disability rating of 40 percent but not higher.

The Veteran's appeal is being remanded to obtain more recent records and provide him with a VA examination to determine the nature of his claimed conditions, including diabetic retinopathy, low back condition, acquired psychiatric condition (PTSD and depression), and hypertension.

The Board has granted a 20 percent evaluation for the Veteran's lumbar spine disability, effective May 18, 2015.

The Veteran's left wrist condition, diagnosed as a ganglion cyst, warrants a compensable rating of 10 percent. The Board has granted service connection for this condition and denied the remaining issues on appeal.

The Veteran's sleep disorder is not service-connected as it is a symptom of his service-connected adjustment disorder.,The Veteran's headaches are service-connected, with the examiner linking them to his service-connected adjustment disorder.

The Veteran's claim for service connection for vertigo, sinus disorder, and headaches was denied as there is no current evidence of a vertigo disability. The Board found that the Veteran did not have a preexisting sinus or headache condition prior to service.

The Board found that the Veteran's current cervical spine disorder is not related to her in-service neck pain and treatment, thus denying service connection for a cervical spine disability.

The Board found that the Veteran's foot, ear, and back disabilities were not incurred or aggravated by service. The claims for these conditions are denied.

The Board found no evidence of a chronic back disability that was incurred or aggravated during service, and denied the Veteran's claim for service connection.

The Board has remanded the case due to the Veteran's request for a travel board hearing. The claim will be returned to the Board after the hearing is conducted.

The Veteran's hypertension and back disability are determined to be related to his active service. The appeal for hypertension is dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's service-connected DDD at L5 with lumbar strain has been granted a 20 percent disability rating effective September 10, 2015.

The Veteran's cervical spine disability is currently rated at 20 percent, effective July 13, 2013. The rating reflects the severity of his condition as per VA criteria.

The Veteran's bilateral foot disability is rated at 50 percent since December 10, 2010. The Board has also granted service connection for his back, bilateral hip, and bilateral knee disabilities as secondary to his service-connected bilateral foot disability.

The Veteran's left knee disability is not service connected as it did not manifest during active duty or within one year of discharge, and there is no evidence linking the current condition to service.,There is insufficient evidence to establish a link between the Veteran's low back disability and his active service. The examiner opined that the current condition was more likely caused by injuries sustained while playing basketball after service.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for a low back disability, an increased rating for urinary incontinence and recurrent urinary tract infections, and TDIU. The Veteran will need to undergo a VA examination to clarify the etiology of her low back disorder and provide opinions on whether it is more likely than not related to her period of military service or proximately due to or the result of her service-connected urinary disability.