Back / lumbar spine decisions — 2015

The Board has remanded the Veteran's claims due to inadequate analysis and failure to consider functional loss, as well as the need for a VA examination.

The Veteran's low back disability is rated at 20 percent prior to July 16, 2013. The Board finds that a higher rating is not warranted for any period.

The Veteran's right foot paresthesia is rated at 20 percent since December 17, 2014. The Board found that the symptoms are more severe than what was currently assigned and granted a higher rating.

The Veteran's combined disability rating does not meet the percentage requirements for a TDIU rating under 38 C.F.R. § 4.16(a). However, his unemployability due to service-connected thoracolumbar spine disability is supported by Social Security Administration (SSA) records. The case is REMANDED for referral to the Director, Compensation Service, for extraschedular consideration.

The Board found that the Veteran's low back disability was not incurred or aggravated by his military service, and denied his claim.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently assigned a 20 percent evaluation effective July 22, 2014.,The Veteran has been granted an initial 20 percent evaluation for his service-connected lower back disability.

The Board has remanded the case for further development, including obtaining a retrospective medical opinion regarding the Veteran's low back disability from October 2006 to March 23, 2011.

The Board has granted service connection for degenerative spondylosis of the upper lumbar spine and old compression fractures of L1 and L2 spinal segments, finding that these conditions are related to the Veteran's military service, particularly his left foot amputation disability.

The Board has determined that the submitted evidence is not new and material with respect to the service connection claim for a back disorder, thus the claim may not be reopened.

The Veteran's claims for service connection for a respiratory disorder, lumbar spine disorder, and left eye disorder have been denied as there is no current evidence of these conditions. The Board finds that the Veteran did not meet the criteria for service connection due to lack of competent medical evidence linking his claimed disorders to his active duty service.

The appeal is being remanded due to the need for further development, including obtaining VA treatment records and scheduling a new examination. The Veteran's claim of service connection for low back disability will be reconsidered.

The Board has determined that the Veteran's current back disability, including herniated discs at L4-S1 and degenerative disease at S1 and S3, is related to his service, specifically an injury sustained during active duty while jogging. As such, the claim for service connection is granted.

The Board has granted service connection for a lower back condition and depression with sleeplessness as secondary to the Veteran's service-connected knee disabilities. The evidence shows that his back condition was aggravated by his knee conditions, while his depression is related to both his knee disabilities and his inability to work.

The Veteran's claim for service connection for a chronic lumbar spine disability was denied as there is no medical evidence showing the current condition is related to his active duty service.

The Board has denied the Veteran's claim of service connection for a right shoulder disability, finding that it is not related to his service-connected left shoulder and/or lumbar spine disabilities.

The Veteran has withdrawn his appeal regarding the issues of an initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine, a compensable rating for right knee, status post arthroscopy, and an effective date earlier than February 21, 2009, for service connection for degenerative disc disease of the lumbar spine.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has reopened the Veteran's claim for service connection of a low back disability and found that new evidence supports reopening. The presumption of soundness is rebutted, and the Board concludes that the Veteran's low back disability was not aggravated by military service.

The Veteran's low back disability requires a brace which tends to wear or tear his clothing, warranting an annual clothing allowance for the year 2012.,The Veteran's right and left knee strains do not qualify for a clothing allowance as they are not service-connected disabilities.

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