Back / lumbar spine decisions — 2015

The Board has granted service connection for lumbar degenerative disc disease, finding that the Veteran's current condition is related to his active duty service.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board has determined that the Veteran's low back arthritis, right and left knee disabilities, and headaches are related to her active service. The claims for these conditions have been granted.

The Board has decided to remand the case for additional development, including obtaining federal records and an addendum opinion from a VA examiner.

The Board has remanded the case due to incomplete verification of the Veteran's INACDUTRA period and missing medical records from his 1976 surgery. The Veteran needs to provide a list of all medical providers he received treatment from in connection with his 1976 lumbar surgery, and those providers need to be contacted for additional records.

The Veteran is currently receiving a disability rating of 60% for degenerative joint disease of the lumbar spine, which meets the criteria for TDIU as one service-connected disability rated at least 60%. The Board finds that the Veteran's unemployability is due to his service-connected disability and grants TDIU.

The Veteran's claim for an effective date prior to April 2, 2012, for a 60 percent rating for DDD of the lumbar spine was denied. The Board found that the increase in disability occurred on or after this date based on medical evidence from the April 2012 VA examination.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining private medical records and scheduling VA examinations for his service-connected hemorrhoids and low back disabilities.

The Veteran's claims for bilateral wrist disability and respiratory disorder are denied as there is no current diagnosis of a bilateral wrist condition, and the respiratory symptoms are not due to an undiagnosed illness or exposure in service. The low back disorder claim is also denied as it is less likely related to service.

The Veteran's service-connected disabilities, including arthritis of multiple joints and coronary artery disease, rendered him unable to secure or maintain substantially gainful employment prior to September 5, 2013.

The Board denied service connection for depression, remanded the claim for bilateral hearing loss, granted compensation under 38 U.S.C.A. § 1151 for left knee injury, and did not address reopening of a previously denied lumbar spine injury claim.

The Board has determined that the Veteran's low back disorder, diagnosed as degenerative changes of the lumbar spine, is related to his military service and grants service connection for this condition.

The Veteran's hearing loss disability has been rated as noncompensable throughout the appeal period. The low back strain disability was initially rated as noncompensable, but is now rated at 40 percent effective May 30, 2009.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling VA examinations to assess the severity of his service-connected disabilities.

The Veteran's back disability is manifested by subjective complaints of pain on physical activity, but there was no objective evidence of limitation of motion or pain on movement. The Veteran does not meet the criteria for a compensable evaluation under the range of motion-based criteria.

The Veteran's cervical spine disability, characterized by chronic strain and degenerative changes, is currently rated at 20 percent. The Board has granted a separate rating of 30 percent for radiculopathy of the left arm.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for depression. The Veteran's petition to reopen claims for entitlement to service connection for hepatitis C, depression, lumbosacral strain with arthritis, TDIU, and non-service-connected pension were denied.

The Veteran's appeal is being remanded for a combined effects medical opinion to determine if his service-connected disabilities preclude him from securing or following gainful employment. The claim will also be reviewed for extra-schedular consideration.

The Board found that the Veteran's low back disability was not incurred or aggravated by active service, and denied his claim for increased rating and TDIU. The Board also determined that the criteria for a temporary total rating were not met.

The Board has remanded the case for additional development due to inconsistencies in the record and specific questions regarding the nature and likely etiology of the claimed cervical spine, lumbar spine, and right elbow disorders.