Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected low back disability. A social and industrial survey will also be conducted to determine if he can secure and maintain substantially gainful employment due to his disabilities.

The Veteran's claims for increased evaluations of her service-connected scoliosis of the lumbosacral spine, right hip strain, left hip strain, and left knee strain are being remanded due to the need for additional development.

The Veteran's lumbar strain has not been productive of symptomatology to warrant a compensable rating prior to October 18, 2014, and it has not been more than 10 percent disabling at any time on or after October 18, 2014.

The Board has remanded all issues for further development due to the Veteran's request for a videoconference hearing.

The Veteran's chronic lumbar strain has resulted in flexion to less than 30 degrees and seeking treatment at least twice per week. The Board finds a 40 percent rating is warranted based on the Veteran's functional limitations.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to provide the requested VA examinations. The issues include secondary service connection for various disabilities.

The Veteran's lumbar spine disability was rated at 20 percent effective May 23, 2014. He is now rated for radiculopathy of the left lower extremity and right lower extremity.

The Veteran's service-connected lumbar spine disability does not render her unable to secure or follow a substantially gainful occupation, and she is therefore denied entitlement to TDIU. The case is also remanded for consideration of SMC for aid and attendance.

The Board has denied the appellant's claim for service connection for PTSD due to a lack of current diagnosis and no evidence linking his claimed stressors to his current symptoms. The claims for bilateral hearing loss, tinnitus, and lumbar spine disorder are also pending.

The Board has reopened the Veteran's claims for service connection for a seizure disorder and a back disorder, but denied both on the merits.

The Veteran's appeal for increased ratings for his lumbosacral strain and service connection for a cervical spine condition were denied. His claim to reopen his psychiatric disorder was also denied due to lack of new and material evidence.

The Veteran's back disability is being remanded for additional development, including obtaining recent VA treatment records and scheduling examinations to assess the current severity of his service-connected lumbar disc disease.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and providing the Veteran with VA examinations to assess her service-connected disabilities.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and residuals of left knee surgery, as well as his claim to reopen a previously denied claim for bilateral hearing loss. The Board also found that he was not entitled to TDIU due to lack of any service-connected disabilities.

The Board finds that the Veteran's claimed disabilities did not manifest during service or within a year thereafter, and thus are not presumed to have been incurred therein. The preponderance of evidence is against finding any nexus between current diagnoses and service.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to the need for a VA examination to consider both direct service connection and the possibility that his condition pre-dated service and was aggravated by it.

The Veteran's low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The Veteran also has radiculopathy of the left lower extremity associated with his service-connected low back disorder, which warrants a separate 10 percent rating.

The Board has determined that the Veteran's current upper back and neck disabilities are not related to her military service, and thus denied her claim for service connection.

The Veteran's claims for increased ratings for his thoracic spine and cervical spine disabilities were denied as the evidence did not meet the criteria for a higher rating.

The Board has dismissed the issue of an effective date earlier than March 27, 2006 for a 40 percent disability rating for lumbosacral strain due to finality and res judicata principles.