Back / lumbar spine decisions — 2015

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, particularly his back issues.

The Veteran's claim for an annual clothing allowance was denied as he does not have a service-connected skin disability that causes damage to his outer garments.

The Veteran's low back disability was not shown to warrant a rating in excess of 10 percent prior to May 16, 2007.

The Board denied the Veteran's claims for service connection for erectile dysfunction as secondary to service-connected coronary artery disease and/or posttraumatic stress disorder, an initial rating in excess of 10 percent for scar of the right anterior neck and residuals of a shell fragment injury, and ratings in excess of 10 percent for radiculopathy of the right and left lower extremities associated with lumbar spine degenerative disc disease.

The Veteran's lumbar spine disability, including a strain and degenerative disc disease, is rated at 10 percent. The associated radiculopathy of the left lower extremity is also rated at 20 percent. There is no separate rating for the right lower extremity radiculopathy.

The Veteran's claim for increased ratings and initial evaluations for his service-connected DDD of the lumbar spine and radiculopathy of the lower extremities was denied by the Board.

The Board has determined that the Veteran's bilateral pes planus was not incurred or aggravated by service, as it was noted at service entrance and did not worsen beyond its natural progression during service.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease with spondylolisthesis is being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Veteran's initial claim for a higher rating for his cervical spine disability was denied as the evidence did not show that his condition warranted an increase in rating beyond the assigned 10 percent.

The Veteran's service-connected lumbar spine DDD with herniated disc L3-4 and L4-5 has been manifested by forward flexion to 90 degrees, and combined range of motion of the thoracolumbar spine of 185 degrees. These findings do not meet or approximate the criteria for a disability rating in excess of 40 percent prior to November 6, 2013 or from January 1, 2014.

The Veteran's appeal is being remanded for additional development, including a new VA examination and obtaining outstanding SSA records.

The Veteran's appeal is being remanded for additional development, including obtaining his SSA records and scheduling him for new VA examinations to assess the severity of his service-connected disabilities.

The Veteran's tinnitus was incurred during his first period of active duty service from December 2008 to January 2010.,The Veteran has a current right knee disorder and the evidence is in equipoise as to whether it was incurred in or aggravated by service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected back disability and determine its impact on his ability to work.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection for low back and right hand disorders, as well as a request for VA treatment records. The appeal is being remanded.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective January 4, 2011. The claim for an increased rating prior to that date has been denied.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge at the local RO. The case will be returned to the Board after the hearing.

The Board has granted service connection for the Veteran's lumbar spine disabilities, finding that they are causally related to in-service motor vehicle accidents. The decision is based on direct service connection.

The Board has remanded the case for additional development due to inconsistencies in the Veteran's testimony regarding when his back pain began, and for obtaining a medical opinion on whether his current low back condition is related to an incident during active duty or aggravated by routine physical training tests.

The Veteran's low back disability is currently rated at 20 percent, but the evidence does not support a higher rating as there are no findings of ankylosis or incapacitating episodes that would warrant a higher rating.