Back / lumbar spine decisions — 2015

The Veteran's lumbar and cervical spine disabilities are granted as service-connected.,Service connection is also granted for the right and left shoulder disabilities, but their disposition remains unknown.

The Veteran's proteinuria is not considered a disability for which service connection may be granted, and he does not have a diagnosed disability related to his proteinuria. Therefore, the claim for service connection for proteinuria is denied.,Service connection for symptoms of chronic skin rashes and night sweats is granted as due to an undiagnosed illness.

The Veteran's claim for service connection for a low back disorder has been reopened due to the submission of new and material evidence.,The Veteran's claim for service connection for fatigue or memory problems, to include chronic fatigue syndrome, has also been reopened due to the submission of new and material evidence.,The Veteran's claim for service connection for restless leg syndrome has been reopened due to the submission of new and material evidence.,The Veteran's claim for service connection for any joint condition, to include fibromyalgia, has been reopened due to the submission of new and material evidence.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his service, and thus grants service connection for this condition.

The Board has determined that the Veteran does not have a current cervical spine disability or lumbar spine disability. The issue of service connection for bilateral hip disability was withdrawn by the Veteran.

The Veteran's current lumbar spine disability had onset in service or was caused by or related to an injury during active service, and the Board granted her claim for service connection. The issue of entitlement to a compensable evaluation for dermatitis is remanded due to lack of a statement of the case.

The Veteran's death was attributed to 'failure to thrive', which the Board found to be a contributory cause of his service-connected lower extremity disabilities. The appeal for accrued benefits is remanded due to untimely filing.

The Board denied the Veteran's claims for service connection for a bilateral foot disorder, low back disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, and an acquired psychiatric disorder, including PTSD. The Board found that there was no evidence of chronic conditions in service or within one year after separation from service.

The Board has reopened the claim for service connection of a back disability, including arthritis of the thoracolumbar spine. The Veteran's current diagnosis is arthritis of the thoracolumbar spine and he experienced chronic symptoms in service and continuous symptoms since service separation. As such, the criteria for presumptive service connection have been met.

The Veteran's appeal for service connection for bilateral shin splints has been withdrawn. The remaining issues of entitlement to service connection for a bilateral foot disorder, low back disorder, sleep apnea, an initial rating higher than 30 percent for status post nephrostomy surgery with scar, and TDIU are addressed in the REMAND portion of this decision.

The Veteran's multi-level degenerative disc and joint disease of the lumbosacral spine is rated at 60 percent, effective October 24, 2005. The Veteran also has a separate compensable rating for incontinence associated with this condition.

The Veteran's claims for higher initial ratings for cervical spine degenerative disc disease, lumbar/thoracic spine disability, hiatal hernia with gastroesophageal reflux disease, and right foot plantar fasciitis were denied. The evidence did not meet the criteria for a compensable rating in any of these cases.

The Veteran's claim for a higher rating for his gunshot wound residuals is being remanded due to the need for updated examination and treatment records.

The Veteran's claim for an increased evaluation of his back disability was denied as there is no evidence showing that the current limitation of motion warrants a rating higher than 20 percent.,Service connection for the skull fracture (claimed as TBI) was also denied. The Board found that the Veteran did not have a pre-existing head injury in service and that his fall in April 2012 caused his brain injury, which is not related to his back disability.

The Board has determined that the Veteran's lower back, left leg, bilateral hearing loss, and tinnitus are at least as likely as not related to his service-connected residuals of a left heel injury with numbness to the cutaneous nerve. As such, these conditions have been granted service connection.

The Veteran's claim for increased rating for his lower back disorder is being remanded due to inadequate reasons and bases in the October 2014 Board decision, failure to comply with December 2013 remand directives, and need for additional medical inquiry.

The Veteran's claims for extraschedular ratings for his service-connected chronic lumbosacral strain with hip, thigh, buttocks, and calf pain are being remanded to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration.

The Board denied service connection for glaucoma, an acquired psychiatric disability, and other conditions. The Veteran appealed these decisions to the U.S. Court of Appeals for Veterans Claims (Veterans Court), which granted a joint motion vacating the May 2009 decision denying service connection for glaucoma and an acquired psychiatric disability and remanded those issues to the Board.

The Veteran's lumbar spine spondylosis with intervertebral disc syndrome is rated at 40 percent, and his sciatic nerve radiculopathy of the legs has been rated as noncompensable throughout the period on appeal. The Board finds that these ratings are appropriate.

The Board is remanding the case to obtain an addendum opinion from a VA examiner regarding the etiology of the Veteran's current low back disabilities, diagnosed as chronic lumbosacral strain and lumbar degenerative joint disease. The examiner should consider all complaints of back pain in service, including those during military service and after separation.