Back / lumbar spine decisions — 2015

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and providing a new VA examination to address her bilateral leg disability and back disability.

The Veteran's appeal involves multiple service connection claims for various disabilities, including right hip, left hip, and low back disabilities. The case is being remanded to obtain additional medical examinations and opinions regarding the etiology of these disabilities and their relationship to service.

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is capable of sedentary labor.

The Veteran's GERD, anal fissure, left knee disability, right knee disability, and low back disability have been granted increased ratings. The GERD has been rated at 30 percent effective June 25, 2015.

The Board has determined that the Veteran's low back disorder is not service-connected, and his lower extremity disorders (varicose veins) are also denied as they do not meet the criteria for direct service connection.

The Veteran's appeal for a separate rating for neurological abnormalities associated with his lumbar spine disability was denied. The Board also found that the issue of service connection for a neck condition is not properly before it due to an incomplete notice of disagreement process.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability.

The case is being remanded for additional development, including obtaining a new VA examination and opinion regarding the Veteran's low back disability. The issue of service connection for a left hip disability will be addressed in conjunction with the low back disability claim. A TDIU claim will also be considered.

The Veteran's chronic low back pain, right upper lobe pleura disability (now claimed as tuberculosis [TB]), and irritable bowel syndrome are all found to be related to his active service.

The Board has determined that the Veteran's current right thumb, lumbar spine, and right knee disorders are related to his service-connected left knee internal derangement. The Veteran is therefore granted service connection for these conditions.

The Veteran's appeal has been remanded for additional development, including scheduling VA examinations and readjudication of the claims.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to address his back disability and right knee injury with osteoarthritis. The issue of TDIU has also been raised by the record.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional development.,The Veteran's claims for increased evaluations of his left knee disability and low back injury with paravertebral myositis remain pending before the Board as less than the maximum benefit available was granted in a previous decision.,The Veteran is seeking service connection for diabetes mellitus, which may be related to elevated blood sugar levels prior to separation from active service. Further development including VA examination and obtaining medical records are required.,The Veteran's claims for service connection of radiculopathy of the bilateral lower extremities, peripheral neuropathy of the bilateral upper extremities, and erectile dysfunction remain pending before the Board as less than the maximum benefit available was granted in a previous decision. Further development including VA examination is required.,The Veteran's claims for service connection of peripheral neuropathy of the bilateral upper extremities and erectile dysfunction are intertwined with his claim for diabetes mellitus. Further development including VA examination is required.,The Veteran's claims for service connection of radiculopathy of the bilateral lower extremities, peripheral neuropathy of the bilateral upper extremities, and erectile dysfunction remain pending before the Board as less than the maximum benefit available was granted in a previous decision. Further development including VA examination is required.

The Veteran's cervical spine disability was not incurred in or aggravated by his active duty military service. The Board found that the preponderance of evidence is against the claim for service connection.

The Veteran's claim for increased ratings and service connection for various conditions, including lumbosacral strain/sprain, sleep apnea, hypertension, left knee disorder, erectile dysfunction, and urinary leakage, was denied. The rating assigned for the lumbosacral strain/sprain remains at 10 percent.

The Veteran's appeal is remanded due to the need for additional medical opinions regarding the service connection of his claimed conditions, particularly focusing on whether they are related to service or secondary to a pre-existing condition.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for a back injury, and as a result, the Veteran is now granted service connection for his diagnosed conditions.

The Veteran's mechanical low back pain resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, and a combined range of motion not greater than 120 degrees. The Board finds that this warrants a 20 percent disability rating effective February 8, 2007.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining updated VA treatment records and private treatment records. The Veteran will also be afforded a supplemental examination of his back and shoulder disabilities as well as an appropriate examination relating to his gout.

The Veteran's claim for an annual clothing allowance due to his service-connected low back pain and patellofemoral syndrome of bilateral knees was denied as the braces he uses do not tend to wear or tear his clothing.