Back / lumbar spine decisions — 2015

The Veteran's PTSD has been medically linked to service, and the Board finds that she is entitled to service connection for this disability. The low back disability rating remains at 40 percent.

The Veteran's lumbar vertebra fracture has completely healed and does not contribute to his current symptoms, limitations, or neurological deficits associated with nonservice-connected degenerative disc disease, stenosis, spurring, and residuals of herniated disc at L5-S1. The claim for an initial, compensable rating for lumbar vertebra fracture is denied.

The Veteran's appeal is being remanded for further development of the record, including obtaining VA and Vet Center treatment records, scheduling a VA examination to determine the nature and likely etiology of his back and knee disabilities, and scheduling another VA psychiatric examination to assess the severity of his PTSD.

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

The Board has determined that the Veteran's claim for an effective date prior to January 31, 2003 for service connection of a low back disability is denied as there is no evidence of an earlier formal or informal claim filed prior to this date.

The Veteran withdrew his appeals for the issues of entitlement to a higher initial rating for coronary artery disease and an initial compensable rating for bilateral hearing loss prior to the Board's decision.

The Board finds that the preponderance of the evidence is against a finding that the Veteran has a mid-back disorder that had its onset in service, manifested within one year of separation from service, or is otherwise etiologically related to service. The claim for service connection for dementia and an acquired psychiatric disorder are remanded as additional development is needed.

The Board has decided to remand the case for additional development, including obtaining private treatment records and SSA disability benefits determination. The Veteran's low back disability is presumed to have pre-existed service but there is uncertainty about whether it was aggravated by service.

The VA examiner found no evidence of chronic low back condition during service and concluded that the Veteran's current minimal degenerative disc disease (DDD) at L3-L4 is not related to his military service.

The Veteran withdrew his appeals for all issues currently pending before the Board.

The Veteran's appeal is being remanded for further development of her claims, including obtaining VA treatment records and a medical opinion regarding the service connection claim.

The Board has remanded the Veteran's claims for additional development, including obtaining a VA examination to determine the nature and etiology of any found right hip, bilateral knee, and back disability. The Veteran's service connection claims are also being remanded due to his claim of entitlement to a rating in excess 30 percent for left hip degenerative joint disease.

The Veteran's low back disability and associated radiculopathies have been granted service connection, with a 10 percent rating for each condition.

The Board has determined that the Veteran's bilateral hearing loss, tinnitus, right knee disability, left knee disability, and low back disability are related to his active duty service. As a result, these claims for service connection have been granted.

The Veteran's claim of entitlement to an increased rating in excess of 20 percent for a lumbosacral strain is on appeal and has been remanded by the Board. The issue remains unresolved as less than the maximum benefit allowed by law was awarded.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by active service and is denied.

The Board has granted an effective date of May 24, 2006 for the award of service connection for a lumbar spine disability. The TDIU claim is remanded as it may be impacted by this decision.

The Board found that the Veteran's lumbar spine disorder is not directly related to his military service and denied the claim for direct service connection. The issue of secondary service-connection is being remanded.

The Board has remanded the case for additional development to determine if the Veteran's current low back disability is related to service or a pre-service injury, and whether it was aggravated by events in service.

The Board has remanded the appeal for additional development due to inadequate opinions in the November 2014 VA examination report. The Veteran's claims for service connection are being referred back for further review.