Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's service-connected disabilities, including PTSD and degenerative joint disease of the lumbar spine, contributed substantially or materially to his death from metastatic gastric cancer. The evidence is in equipoise as to whether these conditions caused or aggravated the Veteran's gastric cancer.

The Veteran's lumbar spine disability has not been shown to warrant a rating in excess of 20 percent, and his service-connected back disability alone does not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is remanded to the Agency of Original Jurisdiction (AOJ) for additional development, including scheduling VA examinations and obtaining relevant medical records.

The Board has determined that the Veteran's current lumbar spine disorder is not related to service, and therefore does not warrant service connection.,There is no evidence of a current contact dermatitis or concrete poisoning in service, and any such condition is not related to service.

The Veteran's low back pain with degenerative changes was found to not meet the criteria for an evaluation in excess of 10 percent.

The Veteran's service-connected left shoulder arthritis is rated at a 10 percent disability rating for the period of time prior to September 21, 2013 and a 20 percent disability rating beginning September 21, 2013. The Veteran's back disability (claimed as residuals of a gunshot wound) has been granted service connection.,The Veteran is not entitled to an increased disability rating for his service-connected left shoulder arthritis or service connection for a right shoulder disability.

The Board found that the Veteran's claimed conditions were not established as service-connected, with no presumption or secondary service connection provided.

The Board has remanded the case for additional development due to inadequate evidence regarding the Veteran's ability to work.

The Veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disabilities is being remanded as the RO incorrectly adjudicated other issues and failed to provide an adequate examination.

The Veteran's appeal for an increased rating of his service-connected lumbosacral strain has been dismissed as the Veteran withdrew the appeal.

The Board has determined that the Veteran's low back disorder is not related to his in-service injury and therefore, service connection for this condition cannot be established.

The Veteran's degenerative disc disease of the thoracolumbar spine has been rated at 40 percent since February 24, 2014. This rating is based on his current symptoms and does not include any additional disability due to ankylosis or incapacitating episodes.

The Veteran's lumbar spine disability is currently rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5243. The appeal for a higher rating is denied.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a new VA examination to determine the nature and etiology of any diagnosed back disorders. The issues on appeal include service connection for a back disorder, as well as secondary service connection for bilateral feet numbness and left leg numbness.

The Board has denied the Veteran's claims for service connection for a low back disorder, left leg disability including as secondary to a low back disorder, and gastritis with acid reflux. The evidence does not establish that these conditions began during or were caused by his active duty service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for bilateral tinnitus, but reopened his claim for cervical spine disorder due to new evidence. His sleep apnea was also denied as it was not related to service or a service-connected disability.

The Board has determined that the Veteran's hypertonicity of the right plantar flexion muscle group, claimed as a right foot disability, is secondary to his service-connected lumbar spine disability and/or sciatic nerve paralysis, right lower extremity, associated with a lumbar spine disability.,The Board has also determined that the Veteran's right hip disability is related to his service-connected lumbar spine disability and/or sciatic nerve paralysis, right lower extremity, associated with a lumbar spine disability. The Board has not made a determination on whether the Veteran's allergies and/or sinus disability are secondary to his service-connected scar, left nose.

The Board denied the Veteran's claims of entitlement to service connection for hypertension, a lumbar spine disability, depression (secondary to PTSD), a benign growth of the lung, migraine headaches, and lung cancer. The evidence did not establish a link between any of these conditions and service.

The Veteran's appeal is being remanded for additional development, including obtaining complete service records and VA treatment records. The case will be reconsidered after these steps are completed.

The Veteran's claims for increased ratings and service connection have been denied. The Board has reopened the previously denied claims of cervical spine strain and paranoid schizophrenia, but finds no current disability that can be related to service.