Back / lumbar spine decisions — 2015

The Veteran's appeal for an initial rating in excess of 10 percent for thoracolumbar spondylosis with compression fracture of T9-T10 and anterolisthesis of L5, as well as the earlier effective date establishing service connection for this condition, has been dismissed due to his withdrawal.

The Veteran's claim seeking a separate compensable rating for neurological manifestations of DDD of the lumbar spine was denied by the Board. The VA examiner found no evidence of separately compensable neurological abnormalities in the right lower extremity associated with the service-connected lumbar spine disorder.

The Board has ordered additional development due to the need for VA and private medical records, including those from the United States Postal Service. The Veteran's claim for service connection for a lumbar disorder with associated radiculopathy and sciatica is being remanded for further action.

The Board granted a rating of 20 percent for the Veteran's lumbosacral spine DDD, effective from June 2013. The appeal regarding entitlement to TDIU on an extraschedular basis is addressed in the REMAND portion.

The Veteran's special separation benefits were properly recouped from his VA disability compensation, as the law requires. The appeal is denied.

The Board has denied the Veteran's claims for service connection for a low back disorder and right hip condition. The Veteran is currently without a statement of the case on these issues, which requires remand.

The VA determined that the Veteran's current low back disorder is not related to his service, as there was no evidence of chronicity or continuity of symptoms since service.

The Veteran's back disability was evaluated at 20 percent from May 23, 2008 to February 4, 2014. The Board found that the evidence did not support a higher evaluation as her flexion was not limited to 30 degrees or less.

The Veteran's claims for higher initial ratings for cervical and thoracolumbar strain have been granted, with a rating of 20 percent each. The claim for service connection for an acquired psychiatric disorder is pending, as are the TDIU claims.

The Board denied the Veteran's claims to reopen his service connection for cervical and lumbar spine disorders due to lack of new and material evidence.

The Veteran's appeal was dismissed due to his death. No decisions were made on the merits of any claims.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examination and notification. The claims are being returned to the AOJ for further development.

The Veteran's bilateral hearing loss disability is found to have originated during his period of active duty and service connection is granted.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine was granted with an effective date of November 7, 1969. The decision is based on direct service connection and not due to a presumption or new evidence.

The Veteran withdrew his appeal, thus the case is dismissed.

The Board has remanded the case due to a hearing request not being honored, and the Veteran's representative requested postponement of the hearing. The appeal is now pending for further action.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for updated examinations.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's degenerative disc disease of the low back and sciatica are related to service. As such, service connection for these conditions is granted.

The Veteran's degenerative disc disease and compression fractures of the thoracic spine are related to an in-service back injury, and service connection is granted.