Back / lumbar spine decisions — 2015

The Veteran's service connection claims for type II diabetes mellitus, back disability, right leg disability, bilateral foot disability, and bilateral hand disability are all granted.

The Veteran's lumbar spine disability is rated at 20 percent, the maximum available under Diagnostic Code 5242. The appeal is denied as there is no evidence of forward flexion limited to 30 degrees or less, ankylosis, or any physician prescribed bed rest.

The Veteran's service-connected lumbosacral strain has been rated as noncompensable, but the May 2012 VA examination revealed significant impairment warranting a compensable rating. The decision granted an increased disability rating of 10 percent for lumbosacral strain.

The Board has determined that the Veteran's current neck and low back disorders are not related to his military service, and thus denied his claims for service connection.

The Veteran's service-connected disabilities require the regular aid and attendance of another person, resulting in a grant of special monthly compensation based on this need.

The Board has reopened the Veteran's claims for service connection for osteoarthritis of the lumbar spine and cervical spine, finding that new and material evidence was received. The claim is granted as it is at least as likely as not that these conditions are related to his military service.

The Board has remanded the case due to inadequate development and instructions, requiring the RO to issue a supplemental statement of the case with regard to service connection for back disability, an increased rating for PTSD, and TDIU.

The Board has denied the Veteran's claim of service connection for a back disability, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the increased rating and TDIU issues on appeal for additional development. The Veteran's left knee disability to include DJD, as well as his lumbosacral spine DDD, are still under consideration.

The Board has granted service connection for a low back disorder, finding that the condition is directly related to the Veteran's active duty service.

The Veteran's appeal involves multiple issues related to his service-connected conditions, including PTSD, coronary artery disease, lumbar spine disability, bilateral knee disabilities, and diabetes mellitus. The Board has declined jurisdiction over the TDIU issue as it was not properly appealed at the time of the October 2014 decision. The Veteran's appeal is for increased evaluations for his service-connected conditions and eligibility to Dependents' Educational Assistance (DEA) benefits prior to March 20, 2014.

The Veteran seeks service connection for right ankle, knee, hip and lumbar spine disorders as secondary to his service-connected right foot plantar wart/callus. The Board finds a remand is necessary to obtain an addendum medical opinion.

The Board found that the Veteran's lumbar spine disorder and memory loss did not have their onset during service or are otherwise related to military service.

The Board found that the Veteran does not have a separately ratable neurological abnormality associated with his service-connected lumbar spine disability, other than the already service-connected radicular pain affecting the left leg.

The Veteran's claim for a higher rating for his DDD of the lumbar spine was granted, and he is now receiving TDIU effective July 28, 2009. The Board has also ordered additional development to obtain medical records and conduct an examination.

The Veteran's appeal is being remanded to obtain a new VA examination and to consider the possibility of additional private treatment records. The claim for an increased rating must be reconsidered with consideration of all pertinent evidence and legal authority.

The Board denied service connection for low back, right knee, and left knee disabilities due to lack of evidence showing a nexus between the Veteran's active service and his current disabilities.,The November 2012 VA examination concluded that it was less likely than not that the Veteran's current right knee disability is related to service.

The Veteran's initial and increased ratings for DJD and DDD of the thoracolumbar spine, as well as separate compensable ratings for left and right lower extremity radiculopathy, were denied. The appeal is not about service connection at all.

The Veteran's service connection claims for various disorders are denied as there is no current disability related to the in-service injuries and the claimed conditions have not been shown to be directly related to service.

The Board finds that the Veteran's current low back disability is at least as likely as not related to his service, specifically a strain injury during service. As for the acquired psychiatric disorder, the Board notes diagnoses of major depressive disorder and adjustment disorder with depressed mood but does not reconcile these findings in the March 2015 VA examination report. The Veteran's representative has raised a secondary service connection theory.