Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's current bilateral knee and low back disabilities are related to his military service, resolving all doubts in favor of the Veteran.

The Board has reopened the claim for service connection of a low back disorder and granted service connection. The Veteran's current low back disability is found to be related to his active duty service.

The Veteran's appeal is remanded for a comprehensive VA internal medicine examination to determine the combined effect of his service-connected disabilities on his ability to work.

The Board denied the Veteran's claims of service connection for right knee and hip disabilities, finding no new and material evidence to reopen his previously denied claim. The effective date for service connection for PTSD was also not granted.

The Board found that the Veteran's low back disability and bilateral leg disability are not related to service, while his skin disability (claimed as cellulitis of the groin) is presumed due to herbicide exposure. The claim for PTSD was granted with an effective date of February 27, 2008.

The Veteran's claim for an increased rating for his service-connected back disability is denied as the examiner did not provide a clear assessment of the severity and functional impact of his condition.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of claim. The Board has granted a separate 20 percent rating for radiculopathy of the right lower extremity and a separate 20 percent rating for radiculopathy of the left lower extremity since May 16, 2012. A 50 percent rating is granted for the lumbar spine disability effective from November 3, 2014. The Veteran's chronic bronchitis has not been service-connected.

The Board denied service connection for a low back disability in June 2008. The Veteran's claim is not reopened because the new evidence does not relate to an unestablished fact or raise a reasonable possibility of substantiating his claim.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the etiology of any low back disability found to be present.

The Board has remanded the claims for service connection for low back, right knee, and right wrist conditions to the AOJ for further development. The Veteran is scheduled for a videoconference hearing before the Board.

The Board found that the Veteran's currently diagnosed thoracolumbar scoliosis is related to the inservice diagnosis of lumbar scoliosis but not due to any aggravation during service. The examiner concluded that the current condition, including degenerative changes and stenosis, is a congenital defect with no evidence of aggravation by service.

The Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment prior to August 12, 2003.

The Board has remanded the case for further development, including obtaining a medical opinion regarding the etiology of the Veteran's current back disability. The claim will be readjudicated based on all evidence.

The Board finds that the Veteran is not unemployable due to his service-connected disabilities and therefore, does not meet the criteria for a TDIU on an extraschedular basis.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting examinations to determine the etiology of his current left eye, back, and knee disabilities.

The Board has determined that the Veteran's low back disability did not manifest in service and is not etiologically related to his service or a service-connected condition.

The Board has reopened the Veteran's service connection claims for various conditions, including a back disorder and right shoulder disorder. However, after reviewing all submitted evidence, the Board finds that these claims are not substantiated by the evidence of record.

The Board has decided to remand the Veteran's claim for a back disability, as additional development is needed to address his contentions and medical opinions.

The Board has remanded the case for additional development, including obtaining VA treatment records and arranging an examination to determine if the Veteran's back and right ankle disabilities are related to service or a service-connected condition.

The Board has determined that the Veteran's lumbar spine disorder and rib disorder did not originate during active service, active duty, or active duty for training. The Veteran's left fourth finger disorder and head injury residuals are also denied as there is no evidence of their onset in service.