Back / lumbar spine decisions — 2015

The Veteran's service connection claims for various conditions, including a lumbar spine disability, cervical spine disability, neuropathy of the left upper extremity, and neuropathy/sciatica of the lower extremities were denied. The Board found no evidence that these disabilities had their onset in or were related to service.

The Board has remanded the case for additional development, including obtaining service personnel records and VA examinations to determine the nature and etiology of the Veteran's claimed conditions.

The Veteran's PTSD and right knee disabilities are not rated higher than 30 percent. The claim for service connection of a low back disability has been reopened, but the new evidence does not establish that the condition is related to military service.

The Veteran's claims for service connection for a bilateral knee disorder and thyroid cancer have been reopened, but new evidence does not establish that these conditions are related to service. The claim for increased rating for diabetes mellitus is denied, as the current evaluation adequately compensates the Veteran. The TDIU claim remains pending.

The Board has restored the Veteran's 10% rating for his low back disability and remanded other issues including service connection for sleep apnea, increased ratings for his disabilities, and TDIU.

The Board has ordered a remand to reconsider the service connection claims for low back and cervical spine disabilities due to conflicting evidence regarding their onset in service.

The Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment prior to May 25, 2010.

The Board has ordered additional development due to the need for a VA examination and review of updated treatment records. The Veteran's claims will be reconsidered based on new evidence.

The Board has determined that the Veteran's cervical and lumbar spine disorders are not related to service, including a June 1969 helicopter incident. The evidence does not support service connection for these conditions.

The Board found that the Veteran's low back disability was not incurred in or caused by his service and denied his claim.

The Board has determined that the Veteran's tinnitus and low back disorder are related to his service, thus granting service connection for both conditions.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for an increased rating or service connection in all cases.

The Veteran's claim for TBI was received on November 17, 2009. The effective date of service connection is assigned as of that date.,An increased evaluation to 30 percent for allergic rhinitis is granted beginning August 30, 2010.

The Veteran's back disability has been characterized by pain during physical activity and a very slightly diminished range of motion. The VA examiner found that the Veteran’s forward flexion was greater than 30 degrees but not greater than 60 degrees, with combined range of motion not greater than 120 degrees. There were no episodes of intervertebral disc syndrome or incapacitating episodes. Therefore, an initial rating in excess of 10 percent for a back disability is not warranted.

The Board has granted the Veteran's claims for service connection for low back condition, left hip condition, and right hip condition as secondary to his service-connected bilateral knee conditions.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess any scar related to the service-connected lumbar spine disability. The issues of rating in excess of 20 percent for the lumbar spine disability and separate compensable rating for a scar associated with it are pending.

The Board has granted the Veteran's claim for TDIU, finding that his service-connected disabilities render him unable to obtain and maintain substantially gainful employment consistent with his education and occupational experience.

The Board has determined that the Veteran's currently diagnosed right knee, left knee, right elbow, cervical spine, and lumbar spine disabilities are related to his active military service.

The Veteran's appeal is being remanded for further development, including obtaining a dose estimate for radiation exposure claims and scheduling VA examinations to address the etiology of his lumbar spine disability and left shoulder acromioclavicular separation.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule a VA examination for his lumbar spine disability. The issues of service connection for cervical spine disability, as well as an increased rating for the lumbar spine disability, will be reconsidered based on all evidence.