Back / lumbar spine decisions — 2015

The Board has determined that the evidence is approximately evenly balanced as to whether the Veteran's lumbar spondylosis and lower extremity radiculopathy are related to service. As such, the claim for service connection is granted.

The Board has remanded the case for additional development, including obtaining medical examinations and records. The Veteran's claims for service connection are pending.

The Veteran's service-connected disabilities, including back disability, dysthic disorder, left leg disability, and right leg disability, render him unemployable due to their combined impact. The Board finds that the evidence is at least in equipoise with respect to whether he can secure or follow substantially gainful employment.

The Board has remanded the case to consider whether an extraschedular rating is warranted for lumbosacral strain and whether a TDIU effective date prior to March 31, 2003 should be established on an extraschedular basis. The Veteran's service-connected condition may warrant such considerations.

The Board found that the Veteran's low back disorder did not have its onset in service or within the initial post-service year, and is otherwise unrelated to her active service. The weight of the credible and probative evidence does not support a finding that her bilateral hip disorder had its onset in service.,The Board also found that the Veteran's bilateral shoulder disorder did not have its onset in service and is otherwise unrelated to her active service.

The Veteran's back disability, which includes a thoracolumbar spine posterior surgical fusion and residual degenerative disc disease, spondylosis, and disc bulge, has been rated at 20 percent since the grant of service connection. The Board finds that this rating is appropriate based on the evidence showing pain, limited motion, but no ankylosis or incapacitating episodes.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for special monthly compensation based on the need for aid and attendance (A&A).

The Veteran's service-connected lumbar spine disability, along with associated radiculopathy of the lower extremities, does not meet the schedular criteria for a TDIU at any time during the period on appeal.

The Board has remanded the claims of service connection for low back and right knee disorders due to inadequate examination in September 2010. The Veteran's representative and VA's Office of General Counsel have requested a new addendum opinion from the examiner.

The Board has now granted service connection for right knee osteoarthritis. The Veteran's back disability is being remanded to determine if it is secondary to or aggravated by his right knee osteoarthritis.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the impact of his service-connected disabilities on his employability and obtaining relevant medical records. The TDIU claim will be adjudicated after all referred issues are addressed.

The Board has remanded the case to the AOJ for further development, including obtaining medical records from Dr. Wanda Angueira and asking the Veteran to provide additional relevant treatment records.

The Board has granted service connection for migraine headaches, bilateral knee disability, back disability, and bilateral hearing loss. The claim for right leg disability is denied.

The Board found that the Veteran's current lumbar spine disability did not meet the criteria for service connection as there was no chronicity of symptoms since separation from active duty and arthritis did not manifest to a compensable degree within one year of service separation.

The Board has remanded the case for additional opinions regarding the etiology of the Veteran's low back disorder and radiculopathy, specifically whether they are related to service-connected GSW residuals.

The Veteran requested to withdraw all pending appeals, including those for service connection for nightmares and increased rating for PTSD, as well as reopening of previously denied claims for hepatitis, skin rash, stress fracture residuals, fragment wounds, and recurrent back pain.

The Veteran's appeal is being remanded due to the need for additional examinations and records, particularly regarding her right knee disability. The left knee and low back disabilities are also under review.

The Veteran's appeal for an initial compensable rating for residual lumbar spine surgical scars has been dismissed as he withdrew his appeal.

The Board has granted the Veteran's claims for service connection for various conditions, including pes planus, bilateral knee replacements, lumbar fusion, blurred vision and glaucoma (secondary to diabetes), and peripheral neuropathy of the upper extremities (also secondary to diabetes).

The Board has granted service connection for PTSD and found that the Veteran's participation in recovery and cleanup efforts during his active duty service is a stressor related to his PTSD. The remaining issues of whether new and material evidence was received to reopen prior claims for various conditions, as well as entitlement to increased disability ratings, are remanded for further action.