Back / lumbar spine decisions — 2015

The Board dismissed the appeal due to the death of the appellant.

The Board has remanded the case for additional development, including obtaining SSA records and VA examination.

The Board found no evidence of a chronic low back disorder in service or within one year following discharge, and the VA examiner opined that the current low back disability is less likely than not related to service. The Veteran's claim for service connection was denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his back disability. The TDIU claim is inextricably intertwined with the service connection claim.

The Board has determined that the Veteran's current low back disability is not causally or etiologically related to his complaints of pain during service or to a service-connected disability, and was not aggravated by a service-connected disability. Therefore, the claim for service connection for a low back disability is denied.

The Board has granted service connection for tinnitus as secondary to the Veteran's service-connected bilateral hearing loss. The remaining issues of entitlement to initial compensable ratings for various disabilities and service connection for other conditions remain on appeal.

The Board finds that the Veteran's current low back and neck disabilities are less likely than not incurred in or caused by his service, with no significant injury documented during service. The lapse of time between separation from service and the earliest documentation of disability is a factor to consider.

The Veteran's back disability resulted in limited forward flexion of the thoracolumbar spine, but not to a degree that would warrant an increased rating. The current range of motion testing shows flexion at 65 degrees.

The Veteran's low back disability is currently rated at 20 percent since February 5, 2014. The rating reflects limitation of motion with forward flexion to 50 degrees and a combined range of motion of the thoracolumbar spine of 110 degrees.

The Board has denied the Veteran's attempts to reopen his claims for service connection for left tibia and fibula disability and low back disability, finding no new and material evidence.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for back, left knee, gastrointestinal (gastritis), and right shoulder disorders. However, the evidence does not establish a direct link between these conditions and his military service.

The Board found that a chronic low back disability did not have its onset during active military service and denied the Veteran's claim of entitlement to service connection for a chronic low back disability.

The Veteran's degenerative disc disease/degenerative joint disease of the lumbar spine is rated at 40 percent from November 25, 2008 to January 12, 2010. His neurologic impairment of the left lower extremity associated with the lumbar spine disability is also rated at 20 percent during this period.

The Veteran's service-connected right upper extremity paresthesias, median nerve disability of the right upper extremity, and ulnar nerve disability of the right upper extremity have been granted. The Veteran is also entitled to separate ratings for radiculopathy of the left and right lower extremities associated with thoracic spine osteoarthritis.

The Board has determined that the Veteran's current low back condition is at least as likely as not related to his active duty service, resolving all doubts in favor of the Veteran.

The Board has determined that the Veteran's low back disability is not related to his military service and is not caused or aggravated by his service-connected right and left knee disabilities.

The Board denied the Veteran's claims for service connection and initial disability rating in excess of 10 percent for his cervical spine disability, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has determined that the Veteran's current lumbar spine disability is service connected, as it resulted from an injury in service. The psychiatric disabilities and hypertension are also found to be related to service.

The Board granted service connection for low back arthritis due to in-service herbicide exposure. However, the gastrointestinal disorders were not found to be related to service or herbicide exposure.

The Board has determined that the Veteran's right knee, bilateral hip, and low back disabilities are not service-connected as they did not manifest during or due to active military service.