Back / lumbar spine decisions — 2015

The Veteran is seeking an earlier effective date for his TDIU award, arguing that he has been unemployable since his retirement in 1993 due to service-connected urinary incontinence and back disability. The case must be remanded for extraschedular consideration of a TDIU prior to April 10, 2008.

The Board denied the Veteran's claim for service connection for a low back disability, finding that his current low back disability did not manifest in or within one year of service and is not otherwise related to service. The remaining issues were remanded for further development.

The Veteran's service-connected disabilities, including his mood disorder and multiple spine and nerve conditions, have rendered him unable to maintain substantially gainful employment since September 14, 2010. A total rating for compensation purposes based on individual unemployability is granted.

The Veteran's low back disability and left lower extremity sciatica are found to be related to his active service. The bilateral hip disability is not found to be directly related to his service, but may be secondary to his service-connected low back disability.

The Board has determined that the Veteran's back disorder did not manifest in service or within one year of discharge and is unrelated to service. Therefore, service connection for a back disorder is denied.

The Board found no evidence of a chronic low back disability and denied the Veteran's claim for service connection.

The Board has granted service connection for Degenerative Disc Disease of the Lumbosacral Spine and found that it is related to the Veteran's military service. The claim for an increased rating remains pending.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, obstructive sleep apnea, asthma/asbestosis, skin cancer, foot skin disorders, left knee arthritis, traumatic arthritis of the lumbar spine, and arthritis of other joints (excluding the left elbow). The reasons provided are that there is no evidence linking these conditions to service or secondary to any service-connected disability.

The Veteran's claims are being remanded for additional development, including obtaining new VA examinations to assess the severity of his bilateral knee conditions and back condition.

The Veteran's low back disability is currently rated at 20 percent, and the evidence does not support a higher rating based on current functional impairment.

The Board denied service connection for the claimed conditions, finding that they were not incurred or aggravated by active military service and are not related to inservice malaria or exposure to Agent Orange.

The Board denied service connection for a sleep disability, degenerative disc disease of the cervical spine, and gastrointestinal disability. The Veteran appealed these denials to the Court.

The Board has remanded the case due to inadequate VA examination and incomplete facts, requiring further development including obtaining an addendum opinion from the March 2015 VA examiner.

The Board found that the Veteran's back disorder is not proximately due to or aggravated by his service-connected bilateral knee disability.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, as well as any outstanding SSA records. The AOJ will issue an SSOC on the issues of service connection for xerosis cutis, higher ratings for right elbow supination/pronation impairment, left elbow supination/pronation impairment, scars (x3) status post-right knee surgery, carpal tunnel syndrome of the right wrist, entitlement to a TDIU rating, and waiver of recovery of an overpayment of disability compensation benefits.

The Veteran's appeal is being remanded for additional examinations and development of his claims due to the age of his last VA examination.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine and radiculopathy of the right lower extremity are rated at their maximum schedular ratings, with tinnitus receiving a separate initial rating. The hearing loss claim is not addressed in this decision.

The Board has determined that the evidence is in equipoise as to whether the Veteran's lumbar spine and left knee conditions are related to service, leading to a grant of service connection for these conditions.

The Board has determined that the Veteran's current back, right knee, left knee, and burn to the hand conditions are related to his in-service combat injuries. As a result, service connection is granted for all four conditions.

The Board has granted service connection for cervical spondylosis with foraminal stenosis and for rotator cuff tendonitis and subsequent osteoarthritis of the left shoulder. The claim for respiratory disability, to include COPD, was withdrawn by the Veteran.