Back / lumbar spine decisions — 2015

The Board has remanded the case for additional development, including an addendum VA examination and issuance of a statement of the case.

The Veteran seeks service connection for bilateral hip and low back disabilities, which he contends are related to his military service. The Board has determined that the evidence is insufficient to decide these claims and has therefore remanded them for further development.

The Veteran's service-connected lumbosacral spine disability and associated radiculopathy have been rated at the highest available rating of 20 percent since September 14, 2009. The Board finds that this rating is appropriate based on the evidence showing no more than moderate neurologic impairment throughout the appeal period.

The Board has found no evidence of an in-service incurrence or a nexus between the Veteran's current neck, left hand, low back, and right shoulder disabilities and his military service. As such, the claims for these conditions have been denied.

The Veteran's degenerative disc disease of the thoracolumbar spine was rated at 10 percent prior to October 25, 2013; increased to 20 percent from October 25, 2013 to January 15, 2015; and maintained at 10 percent thereafter.

The Veteran's lumbar spine disorder was service-connected on August 13, 2007. Effective dates for the left and right knee disorders were established in July 2009, while an effective date of July 23, 2012, was assigned for his psychiatric disorder.,The Veteran's lumbar spine disorder is presumed to have manifested during service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a back disability. Additionally, the Veteran is granted service connection for tinnitus. The issue of service connection for bilateral hearing loss remains pending.

The Board has remanded the case for additional development, including obtaining service records and scheduling VA examinations to determine if the veteran's current low back disability, bilateral hearing loss, and tinnitus are related to his military service.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine, left knee fracture with degenerative joint disease, and chronic left quadriceps muscle strain were all granted initial compensable evaluations.,Subsequent to these grants, the Veteran was awarded increased ratings for his service-connected disabilities.

The Board found that the Veteran's low back disorder clearly and unmistakably pre-existed service and was not aggravated by service, thus denying his claim for service connection.

The Board has remanded the case for additional development, including obtaining updated VA and private treatment records, arranging for a VA examination to assess whether the Veteran's low back disorder is caused or aggravated by his service-connected left ankle disability, and re-adjudicating the claim.

The Veteran's claim for a higher rating for lumbar spine degenerative disc disease was denied as his disability did not meet the criteria for a rating in excess of 20 percent.

The Board has vacated its May 2015 decision and remand due to the Veteran's death, and dismissed the appeal as moot.

The Veteran's service-connected chronic lumbosacral strain has been rated at 20 percent since the initial grant of service connection, and continues to meet this rating based on painful limitation of motion without ankylosis or incapacitating episodes.

The Board granted service connection and assigned a 10 percent rating for cholinergic urticaria, effective from the date of the decision. The ratings for right knee musculoligamentous strain, right shoulder strain (major extremity), and right ankle sprain remain unchanged.

The Veteran's service-connected headaches are rated at 50 percent disabling. The Board granted a higher initial rating for his headaches, but noted that the condition presents an exceptional or unusual disability picture and referred the matter to the Director of Compensation and Pension Service for extraschedular evaluation.

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

The Board has remanded the claims for service connection for a back disability and chest pain due to insufficient medical opinions in previous decisions. The Veteran's claim for new and material evidence is also pending.

The Board has determined that the Veteran's current low back disorder, including degenerative disc disease and spinal stenosis of the lumbar spine, is not related to his military service. The evidence does not support a finding that the current condition was incurred or aggravated by service.

The Veteran's appeals for service connection on all issues except hearing loss were withdrawn by the Veteran. The Board grants service connection for tinnitus.