Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's low back disability is service connected as it is etiologically related to an in-service injury. The right leg and right knee disabilities are not service connected.

The Board has restored the previously assigned evaluations for thoracic spine, right shoulder degenerative joint disease, and lumbar spine disabilities.

The Board has denied the Veteran's claims to reopen his service connection claims for back and right foot disabilities due to lack of new and material evidence.

The Board has remanded the case for additional development due to damaged records from the Social Security Administration.

The Veteran's degenerative disc disease of the lumbar spine was granted a 20 percent rating effective May 27, 2011. His radiculopathy of the left lower extremity has been rated as 20 percent disabling since April 27, 2014.

The Veteran's back disorder and TBI are related to his active duty service, but there is insufficient evidence to establish a connection for the left shoulder disorder.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development of his medical records, including those from his VA treatment. The Board also requests an opinion on whether his lumbar spine disability is related to service or aggravated by his service-connected bilateral knee disabilities.

The Veteran's appeal is remanded due to the need for a new VA examination and review of outstanding VA treatment records. The issue of rating in excess of 10 percent for service-connected degenerative spondylosis of the lumbar spine must be reconsidered.

The Veteran's appeal is being remanded due to his failure to attend a scheduled Travel Board hearing. The case will be returned for further action.

The Veteran's service connection claim for tinnitus is granted as it was incurred in active service. The other claims are pending and will be addressed further.

The Board has determined that additional development is necessary before the underlying claims can be adjudicated on the merits.

The Board found no evidence linking the Veteran's current low back disability to his active military service, and denied his claim for service connection.

The Board found no evidence of chronic symptoms or disease during service, and the current degenerative changes in the cervical spine are not related to active service. Service connection for these conditions is therefore denied.

The Veteran's lumbar spine disability has not manifested with ankylosis or range of motion on forward flexion of less than 30 degrees. She was granted a 20 percent rating for post-operative residuals of L5-S1 decompression and fusion, mechanical low back pain.,Prior to November 18, 2009, the Veteran's lumbar radiculopathy of the right lower extremity more nearly approximated moderate incomplete paralysis. She was granted a 20 percent rating for this condition starting from August 16, 2012.,From November 18, 2009 to August 15, 2012, she was granted a 20 percent rating for lumbar radiculopathy of the left lower extremity. She was also granted TDIU effective June 1, 2009.,The Veteran's unemployability due to service-connected disabilities was found as of February 2, 2009.

The Veteran's death was not due to willful misconduct, and at the time of his death he had service-connected disabilities but did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran's right ankle and right knee disabilities are at least as likely as not caused by her service-connected low back disability, granting service connection for these conditions.

The Veteran's initial ratings for his service-connected disabilities have been granted and are in effect since the date of claim. The Board is remanding to obtain updated medical evidence regarding the current severity of these conditions.

The Board has granted a 10 percent evaluation for lumbar spondylolysis and strain with dextroscoliosis, effective from March 16, 2011. Prior to this date, the Veteran was not given any compensable rating.

The Board found that the Veteran's low back disability did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's lumbosacral strain was manifested by limitation of forward flexion to 80 degrees, but not less than 30 degrees. A rating of 20 percent is granted for the period from May 27, 2007, to September 19, 2009.