Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, as well as a VA examination to address the etiology of his claimed disabilities. The issues on appeal include service connection claims for various conditions.

The Veteran's appeal was denied for various conditions, including his lumbar and cervical spine conditions, knee disorders, foot disorder, migraines, PTSD, psychiatric disorders, shoulder disorders, gastrointestinal issues, respiratory problems, chest tightness, and chronic fatigue. The appeals were not granted as the evidence did not meet the criteria for higher ratings under applicable rating schedules.

The Veteran's lumbar spine disability and neurological impairment of the right lower extremity are currently rated at 10 percent each, effective March 7, 2013. The claim for a separate rating for the neurological impairment is granted.

The Board has determined that the case should be remanded for an addendum medical opinion regarding the Veteran's scoliosis and its relationship to service, as well as whether his current back disability is aggravated by a service-connected right knee disability.

The Board has determined that the Veteran's current bilateral hearing loss is as likely as not due to noise exposure during his period of active service. The claim for service connection for a back disability is also granted, with the opinion indicating it is at least as likely as not related to in-service injury.

The Veteran's claim for an increased rating for degenerative disc disease of the lumbar spine, with spondylosis, is being remanded due to incomplete records and further development is required.

The Veteran's appeal of the issue regarding an upper back condition has been dismissed due to his withdrawal of the appeal. The lower back condition issue is being remanded for further development.

The Veteran's service-connected low back disability was initially rated at 10 percent for the period from March 17, 2011 to May 16, 2012 and has been increased to 20 percent thereafter.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's right shoulder disorder, as well as his lumbosacral strain and muscle hernia of the right tibia. The claims are being remanded for additional examinations and opinions.

The Board has granted service connection for a low back disability, finding that it is proximately due to or caused by the Veteran's service-connected left knee disability. The issue of whether service connection is warranted for a cervical spine disability claimed as secondary to service-connected disability to include the left knee disability remains pending and will be addressed in the remand portion.

All benefits sought on appeal have been granted, including service connection for lumbar spine disorder and bilateral leg disorders with assigned ratings.

The Board denied the Veteran's claim for a higher initial rating for his service-connected degenerative disc disease of the lumbar spine, finding that the evidence did not show forward flexion of the thoracolumbar spine between 30 and 60 degrees or combined range of motion of less than 120 degrees.

The Board has determined that the Veteran's current back disability is related to an injury sustained during service in Afghanistan, and thus grants service connection for this condition.

The Veteran's back disability is rated at 40 percent disabling, effective from the date of the decision. The right leg disability is rated at 10 percent disabling.

The Veteran's service-connected PTSD has worsened to the extent that it precludes him from performing his project management occupation, and he is entitled to additional vocational rehabilitation training.

The Veteran's claims for increased ratings were denied. The conditions claimed, including tinea pedis with folliculitis and bilateral pes planus, were not found to warrant higher initial disability ratings.

The Board has determined that the Veteran's current low back disability is not related to his military service, specifically the May 1970 tank accident during National Guard service. The claim for service connection was denied.

The Board has determined that the Veteran's current back and right shoulder conditions are related to his military service, granting service connection for arthritis of the lumbar spine and arthritis of the right shoulder.

The Board has determined that the Veteran's low back disability, including thoracic spondylosis and lumbar sprain, did not begin in service or within one year of service and is not shown to be caused by active military service. As such, the claim for service connection is denied.

The Veteran's lumbosacral strain has not resulted in forward flexion of the thoracolumbar spine limited to 30 degrees or less, which is required for a higher rating. The current 20% disability rating remains appropriate.