Back / lumbar spine decisions — 2015

The Board has found that new and material evidence has been received to reopen the appellant's claims for service connection for an acquired psychiatric disorder, a back condition, and erectile dysfunction with incontinence. The case is being remanded to obtain additional development of the evidence.

The Board has remanded the claims for service connection for right foot disability, right knee disability, left knee disability, left shoulder disability, and lumbar spine disability due to incomplete development.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current low back disability, including whether it is related to service. The Veteran's lay statements regarding symptoms since service will be considered.

The Board has determined that additional development is needed to address the Veteran's service connection claims, including obtaining his service personnel records and arranging for a VA examination of his claimed migraines.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling examinations to assess the severity of her service-connected conditions. The issues on appeal include increased evaluations for PTSD, MDD, cervical spine DDD, and erosive reflux esophagitis; entitlement to TDIU; and service connection for constipation.

The Veteran's lumbar spine disability and associated neuropathy in the lower extremities are rated at 40 percent, but no higher. The evidence does not support a rating in excess of this level for any period on appeal.

The Veteran's service-connected disabilities render him unemployable, but further development is needed to determine his employment status and the impact of these conditions on his ability to work.

The Veteran's claim for higher ratings for his service-connected lumbar spine disability was denied. The Board found that the disability did not meet or approximate the criteria for a rating higher than 20 percent.

The Board has granted service connection for erectile dysfunction and left inguinal hernia, finding that these conditions are at least as likely as not caused by the Veteran's service-connected hypertension. Service connection for a low back disability was denied.

The Veteran's lumbar spine disability is rated at 40 percent effective February 3, 2010. He also received separate ratings of 10 percent for right and left lower extremity radiculopathy since February 26, 2010. His hallux valgus disabilities are rated at the maximum allowed under Diagnostic Code 5280. The Veteran's bilateral hearing loss is assigned a noncompensable rating.

The Board has ordered a new examination to determine if the Veteran's current lower back disability is related to service, as his previous diagnoses include bulging/herniated discs, lumbosacral strains, chronic lower back pain, and radiculopathy.

The Board found that the Veteran's current diagnosed lumbar spine disability is not etiologically related to his service and denied his claim for service connection.

The Board has determined that the Veteran's coccyx injury was not incurred in service and denied his claim for service connection. His back disability remains pending as it is still under consideration.

The Board denied the Veteran's claim for a higher rating for his lower back disability, finding that the evidence did not support a rating in excess of 20 percent.

The Board found that the Veteran's low back disorder and left knee strain are not related to service, as there is no evidence of such disorders during or within one year after service. The preponderance of the evidence does not support a finding that these conditions were incurred in service.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, prostate cancer residuals, cervical spine degenerative disc disease, and other conditions do not render him unable to secure or follow substantially gainful employment.

The Board is remanding the case for further development, including obtaining an addendum opinion from the May 2010 VA examiner and considering whether to submit the TDIU claim to the Director of the Compensation Service for extraschedular consideration under 38 C.F.R. § 4.16(b).

The Veteran's claim for an increased rating for her service-connected degenerative joint disease of the lumbar spine is being remanded due to the need for additional medical examination and records.

The Veteran has withdrawn all issues on appeal, including service connection for osteoporosis secondary to lumbosacral strain, an increased rating for lumbosacral strain, and a higher rating for seizure disorder.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining SSA and VA treatment records, as well as a new examination to assess the severity of his lumbar spine disability and its impact on employment.