Back / lumbar spine decisions — 2015

The Veteran's claim for a higher rating for her service-connected degenerative disc disease of the thoracolumbar spine is being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine if his back disability prevented him from initiating or completing a program of education. The case will be readjudicated based on whether he is entitled to an extension of the delimiting date for his Chapter 30 (MGIB) education benefits due to disability.

The Veteran's claims for increased ratings were denied as there was no evidence of ankylosis, malunion, or astragalectomy. The right knee and left ankle disabilities are rated based on limitation of motion.

The Board found that the Veteran's current left hip/thigh disability was not manifested in service or within one year of discharge, and did not find a causal relationship between his service-connected DDD of the lumbar spine and his claimed left hip/thigh disability.

The Veteran's appeal is being remanded for additional development, including a new VA spine examination and obtaining SSA records.

The Board found that the Veteran's left hip and lumbar spine disabilities are not related to service or a service-connected disability, thus denying service connection for these conditions.,The Veteran's claim for TDIU was denied as his sole service-connected right hip disability does not prevent him from obtaining and maintaining substantially gainful employment.

The Board has reopened and granted service connection for the Veteran's lumbar spine disability, right ankle disability, and left ankle disability.,Service connection is established for a lumbar spine disability due to an in-service injury. The Board finds that the current degenerative disc disease of the lumbar spine is more likely than not directly related to the December 1992 slip and fall during active service.

The Board has granted service connection for bilateral hearing loss and finds that the Veteran's current back disability is related to his in-service injury. The appeal of service connection for a back disability is addressed in the REMAND portion of this decision.

The Veteran seeks service connection for a back disorder, which includes Scheuermann's disease. The Board finds that additional development is needed to determine the etiology of her current back disorders and whether they are related to service.

The Veteran's claim for service connection for a lumbar spine disability is being remanded due to the need for additional development, including obtaining private treatment records and scheduling a VA examination.

The Board has granted service connection for the Veteran's lumbar spine, right knee, and right ankle disabilities. These conditions are considered to be directly related to his military service.

The Veteran's claim of a reduction in her rating for herniated L5-S1 lumbar disc status post discectomy and anterior spinal fusion with plate and two screws from 40 percent to 20 percent as of January 1, 2010 is being remanded due to the need for additional development.

The Veteran's claims for increased ratings have been denied as the current single 10 percent rating assigned to tinnitus, mechanical lumbar syndrome with recurrent lumbar strain, and sciatica are the maximum schedular evaluations permitted under VA rating criteria.

The Veteran's thoracolumbar spine disability, including degenerative arthritis, and sciatic neuropathy and/or lumbar radiculopathy of the right and left lower extremities are found to be related to his in-service injury. Service connection is granted for these conditions.

The Board has determined that the Veteran's cervical spine disorder is service-connected, but his lumbar spine disorder cannot be linked to his military service.

The Board has remanded the case for additional development due to incomplete records and need for new VA examinations.

The Veteran's appeal is remanded for additional development, including VA examinations to determine the current severity of his service-connected PTSD and whether any current nerve, prostate, left shoulder, back, hypertension, bilateral hand arthritis, or vision disability are related to service.

The Board has remanded the case due to incomplete records and requests for additional information from former employers, medical providers, and other sources. The Veteran's claim for TDIU remains pending.

The Veteran's claim for an earlier effective date for the grant of service connection for a low back condition was denied. The Board found that no CUE existed in the September 2000 rating decision, and thus, the effective date could not be prior to April 27, 2009.

The Board has determined that the Veteran's low back condition is not related to service, including as due to herbicide exposure. The claim for service connection is denied.