Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded for additional development, including a new VA examination to address the claims of service connection for degenerative arthritis of the lumbar spine, bilateral hip condition, and neck condition. The examiner will need to provide opinions regarding whether these conditions are at least as likely as not related to active military service.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for cause of death.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the schedular requirement for TDIU.

The Board found that the Veteran's tinnitus and left ear hearing loss disability are related to in-service noise exposure, but denied service connection for right ear hearing loss disability, dental disorder, hypertension, low back disability, pes planus, and left eye disorder. The shin splints were resolved prior to filing of the claim.

The Veteran's low back disability and PTSD have been granted service connection, with the PTSD receiving a 70% initial rating prior to April 15, 2014.

The Veteran's right ankle disability is rated at 30 percent, and she has been granted a TDIU based on her service-connected orthopedic and neurological disabilities.

The Board has decided to remand the Veteran's claim of entitlement to service connection for a back disability due to inconsistencies in the July 2006 VA examination and the need for updated treatment records. The Veteran will be afforded a new VA examination, and all relevant medical records must be obtained.

The Veteran's low back disability has been granted a 20 percent rating, effective from the date of service connection.

The Board has granted a separate rating for neurological manifestations associated with the service-connected lumbar spine degenerative disc disease (DDD).

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the Veteran's claims for service connection for chronic low back and left foot disabilities due to deficiencies in the evidence, including the need to obtain SSA records and clarify a VA opinion.

The Board has decided to remand the case for further development due to incomplete medical records and the need for an addendum opinion considering new treatment records.

The Veteran's claims for a temporary total evaluation based on convalescence and TDIU were denied, as the claim for a temporary total evaluation was not timely filed. The July 2007 rating decision assigning a 10 percent disability rating for his back disability was found to be correct in both fact and law.

The Veteran's appeal is being remanded for additional development, including obtaining his VA vocational rehabilitation file and Social Security Administration records. The issue of two separate compensable ratings for bilateral radiculopathy from the service-connected degenerative disc disease of the lumbar spine has also been raised and must be addressed first.

The Veteran's lumbar spine disability is rated at 40 percent prior to October 15, 2009. From that date onwards, the rating for radiculopathy of both lower extremities is 20 percent.

The Board finds that the Veteran's service-connected disabilities do not preclude her from obtaining and maintaining substantially gainful employment, as they are rated at a combined 60 percent.

The Veteran's back disability is found to be service-connected. The claim for sleep apnea was denied as there is no evidence that it began in service or is related to service. The issue of a compensable rating for hemorrhoids has been withdrawn by the Veteran.

The Board has determined that the Veteran's sleep apnea began during service and is therefore granted. The low back and gastroesophageal reflux disease claims are remanded for further development.

The Board has determined that the Veteran's current low back disorder and headaches are not related to service. The claim for service connection is denied.

The Board denied the Veteran's claims for increased ratings and service connection, finding that her hypertension and PCOS did not warrant higher ratings under the applicable rating criteria. The Board also found no evidence of a back disorder or heart disorder incurred in service.