Back / lumbar spine decisions — 2015

The Board has decided to remand the case due to scheduling issues for a hearing before the Board. The Veteran's claims for service connection remain under review.

The Board has ordered a VA examination to determine the nature and etiology of any currently diagnosed right knee and right leg disabilities, including their relationship to service-connected lumbar strain. The claims will be readjudicated based on this new evidence.

The Board has remanded the Veteran's claims of service connection for low back and neck disabilities due to incomplete records from the Alabama National Guard. The case will be returned for further development.

The Board has remanded the case due to insufficient evidence and needs further examination before service connection for a low back disability can be decided.

The Board found that the Veteran's low back and cervical spine disabilities are not related to his service, as there is no evidence of chronic conditions in service or for many years thereafter. The VA examinations did not support a finding of direct service connection.

The Veteran's service-connected low back degenerative disc disease and multilevel lumbar spondylosis are found to be related to his military service. Additionally, the Board has granted a TDIU from October 1, 2014 forward due to his service-connected disabilities.

The Board found that there is no evidence of a nexus between the Veteran's current lumbar, cervical, left hand, right hand, and GERD disabilities and his active service or any service-connected disability. The claims for these conditions were denied.

For the period from September 25, 2001 to November 8, 2011, the Veteran's lumbar spine disability symptoms manifested with forward flexion of the thoracolumbar spine greater than 30 degrees; thus, his limitation of motion was moderate.,For the period from November 9, 2011 to July 10, 2014, the Veteran's lumbar spine disability manifested with forward flexion of the thoracolumbar spine at 30 degrees or less, pain, limitation of motion, muscle spasm or guarding resulting in an abnormal gait or abnormal spinal contour.,Since July 11, 2014, the Veteran's lumbar spine disability manifested with forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, pain, limitation of motion, muscle spasm or guarding resulting in an abnormal gait or abnormal spinal contour.

The Board finds that the Veteran's back condition is not related to his active service and therefore denies service connection for a back condition. The Veteran's hearing loss disability does not meet the criteria for a compensable rating.

The Veteran's lumbar spine degenerative joint disease and degenerative disc disease are currently rated at 40 percent, which is the maximum schedular rating available. The radiculopathy of the left lower extremity is currently rated at 10 percent.

The Veteran's claims for service connection have been reopened, but the effective date of his PTSD service connection remains January 24, 2001. The Board found new and material evidence to reopen the claims for back disorder, bilateral leg disorder, and Paget's disease.

The Veteran's claims for service connection have been denied. The Board found no evidence of a current disability related to the claimed conditions and insufficient medical nexus opinions.

The Board has found that the Veteran's right elbow disability is not related to service. The claims for back and bilateral foot disabilities are being remanded due to incomplete records and need for further examination.

The Veteran's claims for service connection for diabetes mellitus type II and lumbar spine disability (claimed as low back pain) were denied. The effective date of the grant of service connection for diabetes mellitus type II was not granted, and there is no prior unadjudicated claim for these conditions.

The Board finds that the Veteran's lower back, heart condition, and hypertension disabilities were not incurred or aggravated during active service.,There is no evidence of any current disability related to these conditions.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete examination records, outstanding VA treatment records, and potential need for further examinations. The claims will be considered together as they are inextricably intertwined.

The Veteran's TDIU claim is being remanded for further development, including obtaining medical opinions regarding the impact of his service-connected disabilities on his employability.

The Veteran's low back disability is currently rated at 10 percent, the minimum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not meet the criteria for a higher rating.

The Board has remanded the case due to incomplete development, requiring a VA medical examination and opinion regarding the etiology of the Veteran's low back disability. The Veteran contends his current condition is related to service, specifically two in-service incidents of muscle strain.

The Board denied the Veteran's petitions to reopen his previously denied claims for service connection for a right ankle disorder, low back disorder, and secondary hip and leg disorders. The evidence received since the prior denial was not considered material in relation to the merits of these claims.