Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's current lumbar strain is related to his military service, and thus grants service connection for this condition.

The Veteran's claim for service connection of a right knee disability has been denied as there is no current evidence of such a condition.

The Veteran's joint aches, osteoarthritis of the cervical and lumbar spine, degenerative changes of the right shoulder, and polyarthralgias were not incurred or aggravated in service. The Board found insufficient clinical, laboratory, or radiographic evidence to support these conditions.

The Board has remanded the case for further development, including obtaining a VA medical opinion regarding service connection for a lumbar spine disability and TDIU.

The VA examiner found no direct link between the Veteran's current low back disability and his service, concluding that it is more likely due to multiple surgeries over time rather than an in-service injury.

The Veteran's claim for service connection for a back disability, to include degenerative arthritis of the lumbar spine is being remanded due to incomplete development and need for an addendum opinion regarding his active duty service.

The Board denied service connection for left hip disorder and low back disability, both secondary to the Veteran's service-connected bilateral knee disorder.,The evidence did not establish a direct relationship between the current hip and back conditions and active duty or service-connected bilateral knee disorder.

The Board has restored the Veteran's disability rating for low back strain from 10% to 20%, effective January 19, 2007. The reduction was not proper as improvement in the condition had not been shown.

The Veteran's appeal is being remanded due to the need for hearings as requested. The claims will be returned to the Board after these hearings are conducted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. A VA examination will be scheduled to assess the severity of his low back disability. The issue of entitlement to a total disability rating due to individual employability resulting from service-connected disability (TDIU) will also be addressed.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the etiology of the Veteran's claimed conditions, as well as his sleep apnea. The claims are inextricably intertwined due to the potential impact on the outcome of the sleep apnea claim.

The Veteran's cervical spine disability was initially rated at 10 percent since July 31, 2002. The rating has been maintained due to the lack of evidence showing more than slight limitation of motion.

The Veteran's claims for increased ratings were denied. The lumbar spine disorder is rated at 40 percent, and the left lower extremity radiculopathy was previously rated at 20 percent before being increased to 40 percent effective November 29, 2013. The rating for major depression remains unchanged.

The Board found no evidence of a chronic low back disorder in service and concluded that the current condition is not related to any injury or disease incurred during active duty. The Veteran's claim for service connection was denied.

The Veteran's service-connected right knee disabilities have been rated as noncompensable, but his left knee disability has been rated at the maximum allowable under VA regulations.,His service-connected right hand disability and resulting scar are currently rated as noncompensable.

The Board has granted service connection for diabetes mellitus, type II and its associated secondary disabilities (eye disability, hypertension, peripheral neuropathy of upper and lower extremities, and kidney disability) due to presumed exposure to herbicides during active duty. Service connection was also granted for bilateral hearing loss as a result of in-service noise exposure.

The Board has determined that the Veteran's low back disability had its onset in service and granted service connection for this condition.

The Board has remanded the case for additional development, including scheduling a VA examination to assess the etiology of the Veteran's headaches and neck disabilities. The Veteran is also in receipt of service-connected benefits for his right shoulder disability.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation prior to June 28, 2011. The Board granted TDIU benefits based on the evidence showing that his service-connected conditions rendered him unable to work.