Back / lumbar spine decisions — 2015

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining his service personnel records and treatment records from the October 1990 motor vehicle accident. The Veteran will be scheduled for a VA examination to assess the current severity of his irritable bowel syndrome.

The Board denied the Veteran's claim for residuals of dislocated toes of the right foot in May 1983. The current decision denies reopening this claim.,Service connection for a back disability was not addressed, and the Veteran did not provide evidence to reopen his previous denial.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, but they do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's claim for an evaluation in excess of 10 percent for degenerative disc disease with facet arthritis, lumbar spine is being remanded due to the need for additional medical records.

The Veteran's arthritis of the feet is found to be secondary to his service-connected bilateral pes planus, and thus service connection for this condition is granted.

The Board has determined that it lacks the authority to grant an extraschedular evaluation for mechanical low back pain, as only the Under Secretary for Benefits and the Director of Compensation and Pension Service have this authority.

The Veteran's DDD of the lumbar spine and right side lumbar radiculopathy were rated at 20 percent for the initial rating period from October 29, 2009 to June 19, 2014.

The Board has remanded the case for further development due to inadequate medical opinions and a need to obtain additional records. The issues of service connection for right knee disability, right hip disability as secondary to right knee disability, and back disability as secondary to right knee disability are being addressed.

The Board has remanded the claims due to additional development being necessary, including obtaining authorization for medical records and scheduling an orthopedic specialist's opinion regarding the Veteran's knee conditions.

The Veteran's lumbar spine disorder, rated as 40 percent disabling from September 6, 2011, has been granted an increased rating.

The Board found that the Veteran's current low back disorder was not incurred in or aggravated by his active military service and denied both claims for service connection.

The Veteran's claims for higher ratings for his thoracolumbar spine and cervical spine disabilities, as well as his bilateral hearing loss and hiatal hernia disability are dismissed due to the Veteran's request to withdraw these issues.,The Veteran is granted entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities rendering him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to a request for a hearing and other procedural issues.

The Board has remanded the case due to a need for a new VA examination and additional private treatment records. The Veteran's claim of an initial compensable disability rating for service-connected low back strain is pending.

The Veteran's left ankle disorder is not related to service. The VA examiner found no evidence that the current left foot-ankle disorder relates to his in-service injury.

The Veteran's lumbar spine condition is currently rated at 40 percent, effective from the date of the decision. The ratings for his lower extremity radiculopathies and cervical spine condition are also granted.

The Board found no evidence of a chronic lumbar spine disability present in service or caused by service, and denied the Veteran's claim for service connection.

The Veteran's claim for a rating in excess of 50 percent for PTSD from April 1, 2011 to include entitlement to a temporary total disability rating under 38 C.F.R. § 4.29 from May 1, 2011 to October 1, 2011 was granted. The claim for TDIU is moot due to the grant of a 50 percent rating.

The Board denied the Veteran's claims for higher ratings for his service-connected conditions, including headaches with facial numbness, cervical spine DDD, thoracolumbar spine DDD, hemorrhoids, left knee chondromalacia, and right knee chondromalacia. The appeals were based on direct service connection.

The Board has reopened the previously denied claim of service connection for residuals of lumbosacral strain to include degenerative changes and granted it.