Back / lumbar spine decisions — 2015

The Board has remanded the case for a VA medical opinion to determine if the Veteran's service-connected disabilities contributed substantially or materially to his death, and whether his suicide was related to his severe chronic pain.

The Board has determined that the Veteran's current lumbar spine, cervical spine, right knee, and left knee disorders did not begin during active service or within one year after discharge from service. The evidence does not support a finding of secondary service connection based on his service-connected foot and ankle disabilities.

The Board has determined that the Veteran's current low back disability does not relate to service and is denied.

The Veteran's claims for service connection were denied. The Board found no current conditions that met the criteria for service connection, except for migraine headaches and erectile dysfunction (ED) with Peyronie's disease.

The Board has granted the Veteran's service connection claim for a cervical spine disability and PTSD, but denied his request for an earlier effective date for PTSD.

The Veteran withdrew his appeal regarding the issues of service connection for a cervical spine disability and an initial rating greater than 40 percent for the residuals of a lumbar spine injury, including a claim for an increased evaluation on an extraschedular basis.

The Veteran's claims for service connection for muscle arthralgia/pain, left shoulder strain, and low back strain are being remanded due to the need for additional examinations.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and a current VA knee examination. The Veteran's attorney also filed notices of disagreement regarding service connection for right lower extremity radiculopathy and an effective date prior to June 14, 2005.

The Veteran's appeal for TDIU prior to February 2, 2009 is dismissed as he specifically denied seeking this benefit in January 2009.

The Veteran's back disability is currently rated at 10 percent since April 5, 2010. The Board found that the evidence did not support a higher rating prior to this date.

The Board has determined that additional development is needed before the claims can be decided, including obtaining VA and non-VA treatment records and providing an addendum opinion regarding the etiology of the low back disability and sciatica in the left and right legs.

The Veteran's lumbar spine disability was rated at 40 percent from February 5, 2011 to September 5, 2015. From September 5, 2015, the rating remains at 40 percent.

The Veteran's appeal is being remanded due to the need for additional development and review of new evidence, including a medical report from a private physician.

The Board has remanded the case for additional development due to outstanding VA treatment records.

The Veteran's petition to reopen his claim for service connection of a back condition was denied. His claim for an increased rating for bilateral hearing loss prior to November 9, 2012, and in excess of 50 percent thereafter, was also denied.

The Veteran's knee and back conditions have been evaluated, but the Board has determined that none of his claims are supported by sufficient evidence to warrant a grant of benefits.

The Board has determined that the Veteran's low back disability is not service-connected as it did not manifest during active duty and there is no evidence of a chronic condition since service. The VA opinions provided strong evidence against the claim.

The Veteran's low back disorder has been granted service connection. The left and right knee disabilities have not met the criteria for a higher rating prior to November 24, 2014.,Left knee arthritis was rated at 10 percent from January 20, 2006 through April 30, 2010, with limitation of extension to minus 10 degrees. From November 24, 2014, the Veteran's left knee arthritis warrants a rating of 40 percent.,Right knee arthritis was rated at 10 percent from January 20, 2006 through April 30, 2010, with limitation of extension to minus 10 degrees. From November 24, 2014, the Veteran's right knee arthritis warrants a rating of 40 percent.

The Board has remanded the case for further development, including obtaining records related to a 1988 back injury and scheduling a VA examination. The Veteran's claim will be reconsidered based on the additional evidence.

The Board has remanded the case to provide a VA addendum medical opinion regarding whether the Veteran's service-connected lumbar strain and degenerative arthritis of the spine caused or aggravated his neck disability. The appeal is now pending for further development.