Back / lumbar spine decisions — 2015

The Board has granted service connection for the Veteran's cervical spine degenerative disc disease with secondary neck strain, finding that it is related to his active service.

The Board has remanded the Veteran's claims for service connection due to insufficient reasoning and lack of a VA medical opinion. The case is returned to the AOJ for further development.

The Board has remanded the case for additional development to determine the etiology of any current low back disorder and whether it is as likely as not incurred in or caused by active service.

The Board granted service connection for a low back disorder and an effective date prior to March 15, 2010, for the award of a compensable disability evaluation for chronic peptic ulcer with duodenal scarring. The Veteran's current diagnoses are supported by medical records, and there is credible evidence linking his in-service injury to his current condition.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, as his combined rating is 80 percent. The Board finds that the preponderance of evidence does not support a finding of unemployability solely due to these conditions.

The Veteran's claim for a rating in excess of 40 percent for lumbar disc disease beginning October 1, 2005 was denied. The Board found that the evidence did not show unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Veteran's appeal for service connection for residuals of a left thumb fracture, left hand and ring finger pain, heart murmur, psychiatric disorder (including PTSD), bilateral knee disorder, bronchitis, and low back disorder has been denied as there is no current disability. The VA examiner found no evidence of abnormality of the left thumb.

The Veteran's claim for service connection of a scar of the right lower leg is granted. The Board finds that the Veteran incurred a scar during active duty and it is related to his in-service injury.

The Veteran's appeal involves multiple issues related to his service-connected disabilities, including ratings for degenerative disc disease of the thoracolumbar spine, traumatic brain injury (TBI), migraine headaches, and bilateral keratoconus. The case is being remanded due to the Veteran not appearing at a scheduled Board hearing.

The Board has ordered additional development due to missing VA treatment records and SSA disability file. The Veteran's claims for service connection will be reconsidered after the new evidence is obtained.

The Veteran's appeal is being remanded for additional VA examinations to assess the severity of his service-connected cervical and lumbar spine disabilities, as there was a communication error regarding periods of incapacitation during the last examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of her service-connected lumbar spine, left knee, right knee, and left wrist disabilities.

The Veteran's appeal is still pending and must be remanded to the RO for further development. The issues of service connection for a low back disorder and TDIU will be addressed after any outstanding records are obtained.

The Veteran's claims for increased ratings and an effective date prior to May 27, 2011 were denied as it was not factually ascertainable that the Veteran's disabilities had increased within one year of his claim.,VA received notification of the Veteran's Social Security Administration (SSA) award in June 2011. The SSA decision did not consider all service-connected disabilities, and thus, VA determined that an effective date prior to May 27, 2011 for TDIU was granted.

The Veteran's appeal for a higher rating for his cervical spine disability was denied. However, he received separate ratings of 30 percent and 20 percent for neuropathy in the right and left upper extremities associated with his cervical spine disability.

The Veteran's claim for a higher initial rating for lumbar spine degenerative joint disease has been granted, with the effective date being August 1, 2010. The issue of an initial compensable rating for service-connected hemorrhoids is also addressed and resolved in favor of the Veteran.

The Veteran's service-connected mechanical low back pain, right wrist sprain, left wrist injury residuals, and postoperative residuals of a fracture of the left ankle are all rated at 10 percent. The Veteran is granted increased ratings to 20 percent for his mechanical low back pain from July 31, 2014.

The Board has remanded the issues of service connection for left foot and low back disorders due to insufficient detail in the VA examiner's opinion. The Veteran is also seeking an earlier effective date for a TDIU, which requires further procedural action.

The Veteran's claims for service connection for a low back disorder and hypertension are being remanded due to the need for additional information and records.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a cervical spine disability, granted a 10 percent rating for the low back disability from May 4, 2006 to February 23, 2011, and a 20 percent rating since then, and denied service connection for tinnitus.