Back / lumbar spine decisions — 2015

The Veteran has withdrawn his appeal for the issues of service connection for a right wrist disability, lumbar spine disability, adjustment disorder with mixed anxiety and depressed mood, and right knee patellofemoral chondromalacia with degenerative findings.

The Board found that the Veteran's lumbar spine disorder did not begin during service or until many years after, is not related to his in-service gunshot injury, and is not caused or aggravated by any service-connected disability or disabilities. The claim for service connection was therefore denied.

The Board has remanded the case for additional development, including obtaining employment records and seeking an addendum opinion from a VA orthopedic examiner.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected lumbosacral strain with degenerative disc disease and consideration of whether an extraschedular evaluation is warranted based on the combined effect of multiple service-connected disabilities.

The Board has determined that the Veteran's lumbar spine disorder is service-connected and his cardiovascular disease, including CAD and hypertension, may be secondary to his service-connected anxiety disorder. The remaining issues are addressed as well.

The Board has determined that the Veteran's lumbar spine disability is etiologically related to his active service and grants service connection for this condition.

The Board denied service connection for a back disability, finding that the Veteran did not have such a condition in service or within one year of separation. The examiner opined that any current back disability was less likely than not incurred during service.

The Board has reopened the claim of service connection for a back disability, but it is REMANDED to obtain treatment records and schedule the Veteran for a VA examination.

The Veteran's lumbar spine degenerative disc disease was rated at 20 percent prior to April 13, 2015. From that date, the rating was increased to 40 percent. The Board also granted a TDIU effective from November 15, 2014.

The Veteran's tinnitus is granted as service-connected, and his right shoulder strain is denied. The lower back disability claim remains pending.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, urinary incontinence associated with degenerative disc disease of the lumbar spine, hypertensive heart disease, patellar subluxation of both knees, and bilateral hearing loss, have rendered him unable to secure or follow substantially gainful employment. The Board finds that his service-connected disabilities meet the criteria for a TDIU.

The Board has determined that the Veteran's low back, bilateral knee, and left ankle disabilities are secondary to his service-connected right ankle disability. The claims for these conditions have been granted.

The Board denied the Veteran's claims for an earlier effective date and a higher initial rating for his chronic lumbar strain, finding that new and material evidence was not submitted prior to November 28, 2000.

The Veteran's cervical spine disability was rated at 20 percent prior to August 15, 2013 and increased to 20 percent thereafter. The Veteran's radiculopathy of the right upper extremity is not more than mild in nature.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examiner's opinion on the impact of his thoracolumbar spine disability on his employability and for any other necessary development. The case will be readjudicated after these actions.

The Board found that the Veteran does not have a low back condition that is etiologically related to his military service and therefore denied the claim for service connection.

The Veteran's current low back disability is not service connected as it did not manifest during or within one year after service and there is no evidence of a link between his military service and the condition.

The Board has remanded the case for further development due to new evidence and argument submitted by the appellant's attorney. The claim will be reviewed de novo after obtaining any outstanding VA treatment records from April 2014 to the present.

The Board denied an increased rating for the Veteran's lumbar spine disability and denied earlier effective dates for both his TDIU and the current 40 percent rating.

The Board found that the Veteran's low back disorder did not clearly and unmistakably pre-exist service, but was not incurred or aggravated by service. The current diagnosed condition is considered to be a result of natural progression of degenerative changes in the lumbar spine.