Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's low back strain and left leg disability did not have their onset in active service, nor are they otherwise related to service. The claims for these conditions are therefore denied.

The Veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative joint and disc disease of the lumbar spine is being remanded due to outstanding treatment records and a need for a more recent VA examination.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and providing assistance in reopening a previously denied claim of service connection for a left ankle disorder.

The Board has granted service connection for posttraumatic lumbar spine residual degenerative joint disease, chronic sacroiliac and coccyx sprain, chronic posttraumatic residual left shoulder sprain and degenerative joint disease, posttraumatic right knee residual degenerative joint disease, posttraumatic left knee residual degenerative joint disease, and posttraumatic left ankle residual degenerative joint disease.

The Veteran's claim for service connection for thoracolumbar degenerative disc disease with degenerative joint disease at L5-S1, to include as secondary to service-connected bilateral knee disabilities is being remanded due to the need for additional VA treatment records and an addendum opinion.

The Veteran's appeal for a higher rating for his lumbar spine disability was denied, and the claim for TDIU based on service-connected disabilities was also denied. The Board found that while the Veteran's service-connected conditions rendered him unable to work, they did not meet the criteria for a total disability rating due to individual unemployability.

The Board has restored the Veteran's original 40 percent disability rating for his service-connected low back disability, effective July 1, 2011.

The Board found that the Veteran is not precluded from securing or following substantially gainful employment as a result of his service-connected disabilities alone, and therefore, an extraschedular TDIU is not warranted.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's claims for service connection for superior mesenteric artery syndrome and a back disorder, as well as to obtain updated VA treatment records.

The Board found that there is no evidence of a low back disability in service or within one year post-service, and the current condition is not related to any incident during service. As such, the claim for service connection for degenerative disease of the lumbar spine was denied.

The Veteran's claims for increased ratings and service connection were partially granted. He was awarded a 20% rating for his chronic lumbosacral strain since April 19, 2013, but the issues of service connection for bilateral foot pain are still pending.

The VA denied the Veteran's claim for a higher disability rating for his cervical spine disability, finding that it did not meet the criteria for a rating in excess of 20 percent.

The Board has ordered additional development to obtain the Veteran's complete treatment records and a clarifying opinion from Dr. F.W., who provided an opinion in June 2011.

The Veteran's appeal is being remanded for a Travel Board or videoconference hearing.

The Board finds that there is no evidence of a chronic back disability in service and the earliest post-service clinical evidence of a current lumbar spine disability is over 40 years after separation from service. The Veteran's statements as to the onset of his pain are more probative than later statements, and the most probative evidence does not support a finding that the Veteran's current lumbar spine disability is related to military service.

The Board has determined that the Veteran's current back and left knee disabilities are not related to his military service, nor is there sufficient evidence to establish a secondary relationship between these conditions and his service-connected shrapnel fragment wound of the left leg. As such, the claims for service connection have been denied.

The Board has determined that the Veteran's low back disability and sacroiliac joint arthritis were not incurred in or aggravated by service, nor may they be presumed to have been incurred due to exposure to Agent Orange. The claim is denied.

The Board has determined that the Veteran's left knee and back disabilities are etiologically related to his active duty service, granting service connection for these conditions.

The Board denied service connection for a lumbar spine disorder, finding that the Veteran did not have a preexisting disability and that his current condition is not related to active duty service.

The Veteran's PTSD symptoms result in total occupational and social impairment throughout the pendency of the appeal, warranting a 100 percent disability rating for PTSD.