Back / lumbar spine decisions — 2015

The Veteran's migraine headaches are rated at 30 percent effective October 2, 2009.,Prior to November 14, 2012, the Veteran's lumbar strain is rated at 40 percent effective October 2, 2009. As of November 14, 2012, the rating for lumbar strain is decreased to 20 percent.,The Veteran's increased evaluation for migraine headaches was granted with an earlier effective date of October 2, 2009.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected lumbar spine, right ankle, bilateral hearing loss, left elbow, left knee, and right knee disabilities. The claims will be returned to the Board for further appellate consideration.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess the severity of his service-connected lumbosacral degenerative joint disease with degenerative disc disease, and determining whether he is unemployable due to his disabilities.

The Board has determined that the Veteran's low back disorder is not related to his military service, and he does not meet the criteria for service connection.,Tinnitus was found to be due to noise exposure during service.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and any relevant SSA records. The appellant's claims will be reconsidered after this development.

The Veteran's claim for an increased rating for his degenerative joint disease of the lumbar spine is being remanded due to the need for a new VA examination and additional treatment records.

The Veteran's claims for increased ratings for lumbar spondylosis, spondylolisthesis, and degenerative joint disease from February 23, 2009 to March 1, 2012, and left S1 sensory radiculopathy since February 23, 2009 were denied. The Veteran's lumbar spine disability was rated at 40 percent for the period of February 23, 2009 to March 1, 2012, and a higher rating is not warranted under Diagnostic Code 5242 or Diagnostic Code 5243. For left S1 sensory radiculopathy, a 40 percent evaluation was granted effective March 2, 2012.

The Veteran's claim for service connection for a left shoulder disability was denied as the evidence does not show that his current condition is related to military service or a service-connected disability.,Claims for increased ratings and effective dates were also denied due to lack of factual ascertainability within one year of the September 29, 2004 claim.

The Board has remanded the case for additional development due to outstanding federal prison records and further efforts are required before these records can be obtained.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and copies of SSA disability benefit determinations. The claim for a TDIU due to service-connected lumbosacral strain will also be addressed.

The Board has ordered additional development to obtain the Veteran's Social Security Administration records and a VA examination, as these may be relevant to determining whether his lumbar spine condition is secondary to his service-connected right knee disability.

The Board has determined that the Veteran's current neck, back, hip, shoulder, and knee disabilities are not related to his military service, including a motor vehicle accident in service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's current neck disability is being remanded due to insufficient response from the April 2012 VA examination. The examiner needs to provide a more detailed opinion regarding whether the Veteran's condition is related to his service as a fighter pilot.

The Board denied a rating greater than 20 percent for the Veteran's low back disability prior to August 29, 2007 due to limited range of motion with flexion exceeding 30 degrees.

The Board has granted a 20 percent rating for the Veteran's low back disability, effective from the date of the decision. The issue of whether he is entitled to an even higher initial rating remains on remand.

The Board has remanded the case for further action due to inadequate medical examination in the original decision.

The Veteran's claims for higher initial ratings for lumbosacral spine disability and right lower extremity radiculopathy were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the Veteran's right hip and low back disabilities, to include arthritis, did not manifest in service or within the first post-service year, are not etiologically related to service, and may not be presumed to have been so incurred. The Board also found that these disabilities were not proximately due to or aggravated by a service-connected disability.

The Veteran's service-connected conditions render him so helpless as to be in need of regular aid and attendance. He requires the use of a motorized scooter or power wheelchair and is unable to leave the home at his discretion. He requires regular personal assistance from his wife and others to perform self-care and activities of daily living.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of the decision. The cervical spine disability has been granted service connection and assigned a 30 percent rating.