Back / lumbar spine decisions — 2015

The Board finds that the Veteran's chronic low back disability, including DJD and herniated nucleus pulposus of the lumbar spine, was not incurred or aggravated by military service. The current diagnoses are more likely related to post-service motor vehicle accidents.

The Board has ordered the VA to obtain additional private treatment records and provide a new opinion regarding whether the Veteran's low back disability is related to his military service. The case will be remanded for these actions.

The Board has remanded the case for additional development to address service connection claims for a low back disability and variously diagnosed psychiatric disorders, including PTSD and MDD. The Veteran's accounts of stressors in service will be verified, and medical opinions will be obtained regarding the etiology of his disabilities.

The Veteran's service-connected lumbar spine disability, right and left lower extremity sciatic syndrome have not been found to warrant a higher rating based on current symptomatology.

The Veteran's claim for increased ratings for bilateral lower extremity radiculopathy is granted, with a 20% rating effective from May 1, 2014. The claims of service connection for neck disability, bladder dysfunction, headaches, and left knee DJD are all denied.

The Board has determined that the Veteran's right knee disability is not related to service and therefore denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected left knee disability and whether it has caused or aggravated his low back disability. The case will be readjudicated after this.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination to determine if the Veteran's lumbar spine condition and skin condition are related to service.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling a VA examination to assess the current severity of her lumbar spine and left knee disabilities.

The Veteran's low back strain disability is currently rated at 20 percent, but the VA examiner found that it does not meet the criteria for a higher rating due to lack of additional functional loss and no unfavorable ankylosis or incapacitating episodes.

The Board has granted service connection for right ear hearing loss due to clear and unmistakable error in the August 1989 rating decision. The Veteran's sensory deficit of the left lower extremity and lumbar intervertebral disc syndrome with degenerative arthritis remain pending issues, as does his claim for a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to assess the severity of his service-connected low back disability and lower extremity radiculopathy.

The Board denied service connection for low back and left shoulder disorders, finding no evidence of chronic conditions in service or continuity of symptoms. The acquired psychiatric disorder claim was also denied as there is no clear evidence that the current condition is related to service.

The Board has remanded the case for further development due to a scheduling error, and the Veteran is scheduled for a hearing before the Board.

The Veteran's rating for lumbar spine strain was reduced from 30 percent to 20 percent, effective July 1, 2011. The Board found that the reduction was improper and restored her original 30 percent rating.

The Veteran's appeal has been withdrawn with respect to the issues of entitlement to service connection for a chronic disability manifested by chest pain, hearing loss, PTSD, and a chronic skin disability. The issue of entitlement to service connection for glucose intolerance is deferred pending completion of development.

The Board has determined that the Veteran's current low back disability is related to service, and thus grants service connection for a low back disability. The issue of an initial rating in excess of 30 percent for PTSD remains pending.

The Board has determined that the Veteran's current right hip disorder and thoracolumbar spine disorder are not service-connected as they were not incurred or aggravated during his active duty.

The Veteran's lumbar and cervical spine disabilities have not met the criteria for higher ratings under applicable VA rating criteria, resulting in a denial of his claims.

The Board has granted service connection for a low back disability, finding that the Veteran's current disability is at least as likely as not related to his in-service injury. The claim for bilateral lower extremity disability secondary to the low back condition remains pending.