Back / lumbar spine decisions — 2015

The Veteran's bilateral hearing loss disability is found to be related to his military service, and he is granted service connection for this condition. The issue of an increased rating for degenerative joint disease with traumatic characteristics, lumbar spine remains pending.

The Board has determined that the Veteran's degenerative joint disease of the lumbar spine is attributable to his active duty service, and thus grants service connection for this condition. The issue regarding an acquired psychiatric disorder remains pending.

The Board finds that the Veteran's low back disability is related to his military service and grants service connection for chronic lumbar strain with bilateral L5 spondylolysis and minimal osteosis spondylolisthesis of L5.

The reduction of the rating from 10 percent to noncompensable for left shoulder disability was improper, and the original 10 percent rating is restored.,The Veteran's claim for a higher rating for lumbar spine disability remains denied.

The Board has determined that a VA examination is needed to determine the current nature and etiology of any neck disability, including degenerative disc disease. Additionally, all relevant records from SSA should be obtained.

The Veteran's claim for a higher rating for his right foot fracture is denied as the evidence does not show that his disability meets or approximates the criteria for a higher rating. The Veteran's service-connected right shoulder injury with degenerative joint disease and cervical spine degenerative disc disease are rated based on their current manifestations, which do not warrant a higher rating.

The Veteran's appeal is being remanded due to the need for additional medical records, specifically from his chiropractor and VA spine specialists. The claim will be adjudicated based on the evidence available.

The Veteran's low back degenerative disc disease is found to be at least as likely as not caused by her service-connected left knee arthritis. The claims for higher ratings of the left knee disabilities and for service connection for a psychiatric disability are granted.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and VA/VA-authorized treatment records.

The Veteran's low back disability is currently rated at 10 percent, the minimum compensable rating. The VA examiner found that his forward flexion was limited to 80 degrees and extension to 15 degrees, resulting in a combined range of motion of 230 degrees, which falls within the criteria for a 10 percent evaluation.

The Board found that the Veteran's preexisting back disorder did not increase in severity during active service and denied his claim for service connection.

The Veteran's claim for an earlier effective date for service connection of a lumbar spine disability was denied as there is no evidence that he filed any claims prior to April 17, 2012. The Board found the earliest possible effective date would be April 17, 2012, which is when his informal claim was received.

The Veteran's claim for a 2013 annual clothing allowance based on the use of prescribed medication to treat his service-connected mechanical low back pain and sensory loss, right lower extremity is denied as there is no skin condition due to a service-connected disability.

The Veteran's tinnitus and lumbar spine disability are presumed to have been incurred in service. The right eye cataract, left eye cataract, and glaucoma claims are granted as secondary to diabetes mellitus, type II.

The Veteran seeks compensation benefits for additional chronic spinal injury residuals resulting from a fall on May 20, 2008. The Board has determined that further examination and review of the case are necessary to determine if any 'additional disability' was caused by VA medical personnel's carelessness or negligence.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The appeal is now pending again with the Board.

The Board has ordered additional development for spine and skin examinations during flare-ups, as well as a VA dermatologist's examination. The case is being remanded to the AOJ for these actions.

Your claim for service connection for a back disorder has been granted, and you are now receiving a rating of 10% effective July 21, 2014. The issue is dismissed as moot.

The Board has ordered a new VA examination to determine if the Veteran's back disability is related to his active duty service. The current examination was inadequate as it did not consider the Veteran's reported in-service injury and relied solely on the absence of objective evidence in the service treatment records.

The Veteran's lumbar spondylosis is currently rated at 40 percent, effective February 2, 2013. His left and right lower extremity radiculopathies are each rated at 10 percent.