Back / lumbar spine decisions — 2015

The Board has granted service connection for the Veteran's thoracic and lumbar spine disorder, as well as his cervical spine disorder (including fibrositis and osteoarthritis of the cervical spine), both on the merits.

The Board determined that the Veteran's lumbar spine disorder is not service-connected and denied his claim, finding no medical evidence linking it to active duty or a service-connected condition.

The Board has ordered additional development of the Veteran's claims due to incomplete service records and a need for VA examinations.

The Board has granted the Veteran's appeals to reopen his claims for service connection for residuals of barotrauma and service connection for residuals of a barotrauma. The underlying claim for service connection is also granted, with the disability being found to have been incurred during active service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran with a VA examination to address his service connection claims.

The Veteran's current thoracolumbar spine disability is found to be related to service, and the Board grants service connection for this condition.

The Board has remanded the case due to a technical malfunction during a previous hearing, and the Veteran requested another videoconference hearing. The appeal is now pending for further action.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD and depressive disorder, is related to his military service. Additionally, the Board found that the Veteran's low back condition had its onset during service.

The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, resulting in an award of TDIU. The Veteran also received a temporary total disability rating for surgery performed on December 22, 2009.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues include rating his anxiety and depressive disorder, increased hearing loss disability, left ear hearing loss, cervical spine, lumbar spine, right knee, ischemic heart disease, and allergic rhinitis.

The Board has determined that the Veteran's current lumbar spine disorder and tinnitus are related to his military service, granting service connection for both conditions.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected degenerative joint disease of the lumbar spine with intervertebral disc syndrome. The claims are also remanded for an opinion on whether he has any acquired psychiatric disability related to service or aggravated by his service-connected condition.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to proceed with the merits.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claim for service connection for a back disability, including private medical records from Edison Metuchen Orthopedic clinic prior to May 2004. The case will be remanded for further development.

The Veteran's claim for a higher rating and earlier effective date for his right knee disability was granted. The effective date is set at February 1, 2011.

The Board found that the Veteran's low back disorder is due to injury incurred during his service, resolving reasonable doubt in favor of the claim.

The Veteran's claims for service connection for tinnitus, bilateral knee disability, and low back disability have been denied as there is no evidence of a current disability related to his military service.

The Board has determined that the Veteran's service-connected PTSD and back disabilities have rendered him unemployable, effective March 1, 2008.

The Veteran's low back disability, characterized as facet arthrosis, has been rated at 20 percent since October 27, 2011.

The Veteran's lumbar spine disability was not shown to meet the criteria for a higher evaluation prior to June 20, 2010. From June 20, 2010, his disability did not warrant an increased rating beyond 20 percent.