Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded for additional development, including a new examination and an addendum opinion addressing the impact of his service-connected disabilities on employment.

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

The Board finds that the Veteran's current cervical spine degenerative disc disease, spinal stenosis, and herniated discs are not related to service. The VA examiner opined that it is less likely than not that these conditions had their onset during service or were otherwise causally related to service.

The Board has determined that the Veteran's claims for service connection are denied. The evidence does not support a finding of in-service injury or disease, and there is no medical opinion linking any current disabilities to service.

The Veteran's lumbar spine disability is rated at 40 percent since July 11, 2006 and the left lower extremity radiculopathy is rated at 20 percent from January 8, 2007 to August 18, 2013. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.,Prior to August 19, 2013, the Veteran's left lower extremity radiculopathy is rated at 40 percent. After that date, there is no evidence of muscle atrophy or severe incomplete paralysis, which would warrant an even higher rating.

The Veteran's service connection claims for a low back disability, skin disabilities presumed due to Agent Orange exposure, and shrapnel wound residuals are all granted. The Veteran has been diagnosed with degenerative joint disease of the lumbar spine, and his current skin conditions (presumed due to Agent Orange) are consistent with such presumptions.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining private treatment records and scheduling examinations to assess the severity of his service-connected conditions.

The Board denied the Veteran's claims for service connection for a cardiac disability and an initial rating in excess of 10 percent for his back disability. The TDIU claim was also denied as it arose from a final decision denying entitlement to a TDIU.

The Veteran's migraine headaches are rated at 50 percent since the entire period under consideration, and she is granted a TDIU for the entire period.,She was previously denied an increased rating for her migraine headaches. The Board has now awarded a higher rating of 50 percent.

The Veteran's claim for an increased rating for lumbar degenerative disc disease was denied as the evidence did not meet the criteria for a higher rating.

The Board has remanded the case for further development, including obtaining service treatment records and post-service treatment records. The Veteran's claims will be reconsidered after this additional development.

The Veteran's lumbar spine disability has been primarily manifested by pain on use, with some pain on palpation, and moderate to severe limitation of motion. The Board found that the current rating of 40 percent is appropriate given his forward flexion of at least 20 degrees during the appeal period.

The Veteran's claims for service connection for various conditions have been denied. The Board found no competent, credible evidence linking any of the claimed disorders to his military service.

The Board found that the Veteran's back and neck disabilities are not related to service, as they were diagnosed after the first postservice year and do not show continuity of symptoms. The claim for migraines was remanded due to conflicting etiological opinions.,Service connection is denied for all three conditions: back disability, neck disability, and migraines.

The Board has determined that the Veteran's current spinal fusion in his low back is related to his active service and thus grants service connection for this disability.

The Board has remanded the case for a third time due to additional development being required. The Veteran's claim of entitlement to service connection for a low back disability is currently under review.

The Veteran's back disability, including radiculopathy of the lower extremities, is rated at 20 percent since September 9, 2014. The claim for a separate rating for radiculopathy of the upper extremities was not addressed in this decision.

The Board has decided to remand the Veteran's claim for an increased rating for his service-connected lumbar strain due to inadequate VA examination findings. The Veteran needs a new VA examination to determine the current nature and severity of his disability, including specific findings as to the point at which pain is demonstrated on active range of motion.

The Veteran's appeal involves multiple issues including increased ratings for various service-connected disabilities, a TDIU claim, and the assignment of combined disability ratings. The Board has determined that some claims have been granted while others remain pending.

The Board found no evidence that the Veteran's current low back disability was caused or aggravated by his military service, and denied his claim for service connection.