Back / lumbar spine decisions — 2015

The Board has reopened the claims for service connection for a psychiatric disability and right ankle disability, finding new and material evidence. The claims are now pending on their merits.

The Board denied the Veteran's claim for service connection of a lumbar spine disability, finding that new and material evidence had not been received to reopen the claim. The February 2004 rating decision denying service connection was final.

The Veteran's appeal is being remanded due to the need for additional development of his lumbar spine disability, including a new VA examination and consideration of TDIU.

The Board has decided to remand the case for further development, including obtaining inpatient records from Fort Hood and scheduling a VA examination. The Veteran's claim will be readjudicated after this additional development.

The Veteran's service-connected DDD of the lumbosacral spine is currently rated at 10 percent, reflecting limitation of motion with forward flexion greater than 60 degrees but not greater than 85 degrees and a combined range of motion greater than 120 degrees. The condition does not meet criteria for higher ratings as it does not result in ankylosis or incapacitating episodes.

The Board found that the Veteran's current back, bilateral knee, and neck disabilities were not incurred or aggravated by service. The preponderance of evidence is against a finding of a nexus between these conditions and his military service.

The Board has reopened the Veteran's claim for service connection for a low back disorder and granted service connection, assigning a non-compensable rating. The Veteran's bilateral hearing loss is currently rated as Level I in both ears.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and providing a VA examination. The Veteran's claim for service connection of a low back disorder is pending.

The Veteran's service-connected lumbar strain with degenerative joint disease is currently rated at 40 percent, effective June 10, 2011. The Board finds that the current rating adequately reflects the severity of his disability.

The Veteran's lumbar spine disability is not productive of forward flexion of 60 degrees or less, combined range of motion of no greater than 120 degrees, favorable or unfavorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome. Therefore, a higher rating in excess of 10 percent is not warranted.

The Veteran's appeals for increased ratings for PTSD with anxiety disorder, lumbar spine osteoarthritis, and right lower extremity sciatica were denied. The appeal is not about service connection at all.

The Board found that the Veteran's diagnosed cervical spine, lumbosacral spine, right shoulder, bilateral elbow, and bilateral knee conditions were not related to service or manifest within one year of separation. Therefore, service connection was denied for all issues.

The Board has determined that the Veteran's low back disability clearly and unmistakably existed prior to service and was not aggravated by active duty, thus denying service connection.

The Board has remanded the claims for service connection due to incomplete development of records and the need for an examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and arranging for an examination to assess the current severity of his service-connected disabilities.

The VA denied the Veteran's claim for service connection for a low back condition, but after reviewing new evidence, the Board has reopened the claim. However, the medical examination and opinion concluded that there is no link between the Veteran's current low back condition and his active duty service.

The Veteran is granted an annual clothing allowance for the 2012 calendar year due to his service-connected lumbar spine degenerative disc disease with limited motion, which resulted in a rigid back brace issued by VA.

The Board has remanded the case due to incomplete documentation and the need for an examination regarding wear and tear on clothing caused by service-connected disabilities. The Veteran's claim will be reconsidered based on this new information.

The Veteran's claims for increased ratings, TDIU, and special monthly compensation are being remanded due to the need for additional development. The case will be further adjudicated after the completion of the requested actions.

The Veteran's claims for service connection for a dental disorder, nasal disorder, and lumbar spine disorder were denied. The Board found that the evidence did not establish new and material evidence to reopen the claim of service connection for a dental disorder.