Back / lumbar spine decisions — 2015

The Board has granted service connection for seasonal allergies and assigned a noncompensable rating. The appellant's other claims have been addressed, with some issues resulting in grants of service connection or increased ratings.

The Veteran's service-connected disabilities, including his lumbar spine disability and right lower extremity neuropathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's back disability, including arthritis of the spine and disc disease, did not manifest during service or within one year of separation from service, and is not attributable to an event or injury in service.

The Veteran's back disability, characterized by degenerative changes and lumbosacral strain, was found to have a combined range of motion of the thoracolumbar spine not exceeding 170 degrees with forward flexion limited to no less than 40 degrees. This does not meet the criteria for an evaluation higher than 20 percent.

The Board denied the Veteran's claims for service connection for a cervical strain, spurring and superior end-plate changes of the thoracolumbar spine, residuals of a TBI including episodes of syncope, and migraine headaches. The Board found that these conditions were not incurred in or aggravated by service.

The Veteran's service-connected low back disability does not result in unfavorable ankylosis of the entire thoracolumbar spine, and therefore a higher rating is not warranted.

The Veteran's left knee and thoracolumbar spine disabilities have been rated as 10 percent disabling under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's cervical spine disability has not met the criteria for a higher rating.

The Veteran's claim for a higher initial evaluation for PTSD and TDIU has been granted. The Veteran is currently rated at 70 percent for PTSD, effective June 24, 2013.

The Veteran's cervical spine disability is currently rated at 30 percent, and her thoracolumbar spine disability is rated at 20 percent. The Board has granted the requested increased ratings for both disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting a new VA examination. The issues on appeal are related to the evaluations of his service-connected back and right knee disabilities.

The Veteran's appeal is being remanded for a new examination to assess the combined effects of his service-connected disabilities on his ability to secure or follow substantially gainful employment.

The Veteran seeks service connection for a lumbar spine disability, which he claims was incurred during active duty. The Board finds that additional development is needed to determine if the injury occurred on inactive duty training (IDT) and whether it is related to his current condition.

The Veteran's claims for increased ratings for vertigo, lumbar strain, and jaw fracture residuals were denied. The current evaluations are found to be appropriate given the evidence of record.

The Board has determined that the Veteran's claim for service connection for a back disorder, secondary to his service-connected right ankle sprain, cannot be reopened as new and material evidence has not been received. The claims for bilateral foot, hip, and knee disorders have also been denied.

The Veteran's claims for service connection for left ring finger, left shoulder, right knee, and left knee conditions have been denied.,Service connection was granted for a left wrist condition (rated as 10 percent disabling), GERD (rated as 10 percent disabling), lumbosacral strain (rated as 10 percent disabling), and left ear hearing loss (rated as 10 percent disabling).

The Board has determined that the Veteran's current low back disability, diagnosed as neuritis, radiculitis, intervertebral disc syndrome, arthritis, and lumbosacral sprain and strain, is related to his military service. As such, service connection for this condition is granted.

The appeal is being remanded for additional development, including obtaining medical records and scheduling the Veteran for examinations to address his service connection claims.

The Veteran is granted service connection for stroke residuals and entitlement to SMC at the highest level based on need for aid and attendance due to his service-connected PTSD, lumbar spine disability, and other conditions.

The Veteran's low back disability is service-connected as a direct result of an in-service injury. The right knee disability was not found to be related to the service-connected right ankle disability.

The Board has ordered the RO to obtain additional private treatment records from Dr. Reginald Stewart and the Mississippi Orthopaedic Institute, as well as to obtain new nexus opinions. The appeal will be readjudicated based on all of the evidence of record.