Back / lumbar spine decisions — 2015

The Veteran's claims for an increased rating and TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional VA treatment records.

The Veteran's claims are being remanded due to the need for a videoconference hearing. The issues include increased ratings for cervical and lumbosacral conditions, service connection for degenerative lumbosacral spondylosis, and service connection for a right shoulder disability.

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

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's back disability is currently rated at 20 percent, reflecting the presence of flexion greater than 30 degrees but not exceeding 60 degrees. The condition does not meet criteria for higher ratings due to ankylosis or incapacitating episodes.

The Board has determined that the Veteran's current back disability is related to his military service, and thus grants service connection for a back disability.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and associated radiculopathy, have rendered him unemployable as of May 12, 2011. The Board finds that a TDIU is warranted based on the combined effect of his service-connected conditions.

The Board has remanded the case for further development, including clarifying the source of disability payments and obtaining records from that source. The Veteran's claim will be reconsidered based on all evidence.

The Board found that the Veteran's low back disability was not incurred or aggravated in service and may not be presumed to have been incurred or aggravated in service. The preponderance of evidence does not support a finding that his current condition is related to military service.

The Board has remanded the case due to inadequate reasons and bases for finding that the VA's duty to provide a medical examination was not triggered. The Veteran must be provided with a VA examination to address the etiology of his left hip and lower back disabilities.

The Veteran's lumbar spine disability is found to be aggravated by his service-connected left knee disability. The Board also granted an increased rating of 20% for the left knee disability effective March 25, 2014.

The Veteran's claims for increased ratings for his left and right ankle disabilities, as well as his lumbar spine disability, were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for any of these conditions.

The Board finds that the Veteran's current back disability is related to an in-service injury and grants service connection for this condition.

The Board denied the Veteran's claim for service connection due to a lack of nexus between his service and current disability. The Veteran's back disability is not causally or etiologically related to his period of active service.

The Board has granted a 40% rating for the Veteran's service-connected low back strain, effective November 6, 2014. The claim to increased rating is granted beyond this date.

The Veteran's appeal is being returned to the RO for additional development, including obtaining Social Security Administration records and adjudicating his TDIU claim. The case will be remanded if further development is needed or if benefits are not granted.

The Board found that the Veteran's current diagnoses of DDD and myofascial pain syndrome of the lumbar spine were not incurred in service or related to a service-connected disability. The claim for service connection was denied.

The Veteran's left knee disability, which included a total knee replacement, was rated at 30 percent. The right knee disability was found to be secondary to the service-connected left knee disability and granted service connection. Service connection for PTSD and back disability were also granted.

The Board has ordered a remand to obtain an addendum opinion from the January 2015 VA examiner regarding whether the Veteran's neck condition was aggravated by his service-connected low back strain with degenerative disc disease.