Back / lumbar spine decisions — 2015

The Board has remanded the case for further development, including obtaining service and post-service medical records, verifying the Veteran's service in June 1983, and obtaining an additional medical opinion to address the nature and etiology of any low back disorder.

The Board found that the Veteran's low back, left shoulder, and right ankle disorders are not related to his active service. The evidence does not support a finding of service connection for these conditions.

The Board has granted service connection for a back disorder.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied, but he was granted a TDIU prior to February 22, 2012.,His lumbar spine disability is primarily characterized by DJD and IVDS. The most recent VA examination found that forward flexion of the thoracolumbar spine was limited to 90 degrees with pain on motion.

The Board finds that the preponderance of evidence is against a finding that any venereal warts or other penile skin disability was incurred during active service, and thus denied service connection for this condition. The claim for back disability remains pending as there are no current findings to adjudicate.

The Veteran's service-connected conditions have been rated as appropriate, with the exception of a reduction in his rating for the fractured first lumbar vertebra. The appeal is denied.

The Veteran's appeal is remanded due to the inextricably intertwined issue of whether there was clear and unmistakable error (CUE) in the November 1971 rating decision and March 1978 administrative decision regarding service connection for back disabilities. The effective date claim will be returned to the Board after this CUE issue is resolved.

The Board has determined that the Veteran does not have a current disability related to service for his back, left shoulder, and left knee conditions. The evidence does not establish continuity of symptomatology or a nexus between these disabilities and service.

The Veteran's appeal is being remanded for a hearing at the local RO due to his request. The issues of overpayment and reduction of benefits are still under consideration.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting medical examinations to clarify the nature of the Veteran's psychiatric disorder, right knee strain, thoracic lumbar strain, right ankle strain, and right shoulder strain.

The Veteran's appeal is being remanded for additional development regarding his lumbosacral strain and bilateral leg radiculopathy claims.

The Veteran's appeal is being remanded for further development, including a VA examination and additional evidence submission. The issues of entitlement to an increased rating for back strain with degenerative disc disease and TDIU are being addressed.

The Veteran's service-connected left knee chondromalacia, lumbosacral spine disability, cervical spine disability, and left ear hearing loss are currently rated at the lowest possible initial rating of 10 percent. The Board finds that these conditions do not warrant a higher rating based on their current manifestations.

The Board has remanded the case for additional development, including contacting the Connecticut National Guard to verify if the Veteran had periods of active duty for training in 1985 or 1986 and obtaining any outstanding service treatment records from this period. The claim will be reconsidered based on the new evidence.

The Veteran's initial claim for an increased rating for degenerative disc disease of the thoracolumbar spine was granted, with a current evaluation of 10 percent. The case is remanded to determine if he should be assigned a higher evaluation.

The Veteran's lumbar spine disability was rated at 20 percent from August 20, 2013. The Board found that the evidence showed functional loss equivalent to unfavorable ankylosis of the entire thoracolumbar spine and granted a higher rating of 40 percent.

The Board granted a 40 percent rating for the Veteran's service-connected lumbar spine degenerative disc and joint disease effective February 15, 2015. The previous initial 10 percent rating was maintained.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner regarding the etiology of the Veteran's lumbar spine degenerative disc disease.

The Veteran's appeal is being remanded for a hearing at a local RO. The issues include rating adjustments for knee disabilities, reopening of service connection claims for psychiatric and back disorders, and TDIU.

The Board has reopened the claim for service connection for osteoarthritis of the lumbar spine and finds that there is sufficient evidence to establish a current disability, continuity of symptoms since service separation, and a causal relationship between the Veteran's in-service injury and his current condition. The claim is therefore granted.