Back / lumbar spine decisions — 2015

The Board has determined that the VA examinations are not adequate for decision-making purposes due to lack of opinion on secondary service connection. The Veteran's back disability may have pre-existed his 1998 and 1999 on-the-job injuries, and efforts should be made to obtain private treatment records from those dates.

The Veteran's service-connected disabilities have led to his inability to obtain and maintain substantially gainful employment, warranting a TDIU effective January 31, 2013.

The Veteran's cervical spine disorder, including DDD and thoracolumbar spine disorder are not found to be caused or aggravated by the conditions that were compensated under 38 U.S.C.A. § 1151 'as if' service-connected.

The Board has determined that additional development is needed to determine if the Veteran's current lumbar spine disability, including her January 1989 complaint of lower back pain after lifting torpedo afterbodies, is related to her military service. The case will be remanded for further action.

The Veteran's appeal is being remanded for additional development, including obtaining National Guard service records and medical records from his 1989 hernia surgery. The Board will also request an addendum to the June 2013 VA examination report.

The Board has remanded the Veteran's claims for service connection and TDIU due to incomplete development of records, including VA treatment records and private medical records. The Veteran is required to provide additional information or authorization for these records.

The Board has found new and material evidence to reopen the claims for service connection of a low back disability with neurological impairment, an organizational delusional disorder (post head trauma), and PTSD. These claims are now being remanded for further development.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for left knee, right knee, left hip, and back conditions.

The Veteran's claims for higher ratings for his service-connected cervical spine and left shoulder disabilities are being remanded due to the need for additional development, including an updated examination.

The Veteran is awarded a clothing allowance for the year 2013 due to his service-connected lumbar spine disability causing wear and tear on his clothing.

The Veteran's claim for an increased rating for his service-connected lower back disorder was denied by the Board, as the evidence did not show forward flexion of the thoracolumbar spine in excess of 30 degrees or incapacitating episodes due to IVDS during any 12-month period.

The Board has remanded the case for further development, including obtaining missing service treatment records and seeking VA and private medical opinions. The Veteran's claims for headaches, low back disability, and dizziness are being reviewed.

The Veteran's use of a back brace to treat his service-connected low back disability is found to tend to wear or tear his clothing, and he is granted one clothing allowance for the year 2014. The use of capsaicin cream prescribed for his skin condition is not considered as it does not meet the criteria for a clothing allowance.

The case is being remanded for additional development, including obtaining treatment records and Social Security Administration (SSA) records. The Veteran will also be provided with a VA examination to determine the nature and etiology of his diabetes mellitus and peripheral neuropathy, as well as an opinion regarding his ability to work due to his service-connected disabilities.

The Board has ordered additional development to determine the nature and likely etiology of any current back disability, including whether it is related to service or a pre-existing condition. The Veteran's allegations of continuous back pain since his service are considered.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of his TDIU claim. The issues include service connection for left ankle disability, bilateral knee disabilities, and right ankle disability.

The Veteran's claim for a higher rating for his service-connected low back disability is denied. The current 40 percent rating from July 17, 2015, remains unchanged.

The Board has determined that the Veteran's low back disability, diagnosed as lumbar muscle strain and disc herniations at L4-5 and L5-S1, is related to his period of military service. The claim for service connection is granted.

The Board has remanded the case to ensure a complete record upon which to decide the Veteran's claim of service connection for a low back disability, to include as secondary to service-connected bilateral knee disabilities. The VA examiner is requested to provide an addendum opinion regarding whether either one or both of the service-connected bilateral knee disabilities aggravated the low back disability.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran did not have bilateral carpal tunnel syndrome in service or within one year after discharge, residuals of a bilateral mandible fracture are not manifested by reduction in range of motion, displacement of the mandible, and loss of masticatory function, chondromalacia patella with degenerative joint disease of the left knee is not manifested by limitation of flexion to 30 degrees or less, limitation of extension to 5 degrees or more, ankylosis, subluxation or lateral instability, dislocation of semilunar cartilage, symptomatic removal of semilunar cartilage, malunion of the tibia and fibula, or genu recurvatum. The chondromalacia patella with degenerative joint disease of the right knee is not manifested by limitation of flexion to 30 degrees or less, limitation of extension to 5 degrees or more, ankylosis, subluxation or lateral instability, dislocation of semilunar cartilage, symptomatic removal of semilunar cartilage, malunion of the tibia and fibula, or genu recurvatum.