Back / lumbar spine decisions — 2015

The Board has determined that the Veteran's low back and right knee disabilities are related to service, resulting in a grant of service connection for both conditions.,Both low back degenerative disc disease and right knee traumatic degenerative joint disease were found to be incurred during active duty.

The Veteran's claim for a higher initial rating for PTSD has been granted, with the disability rated at 70 percent from April 8, 2008 to September 15, 2009 and from November 1, 2009 to July 28, 2011. Service connection for chloracne, lumbar spine degenerative disc disease, right knee osteoarthritis, and chin scar have been reopened.

The Board has determined that the Veteran's current lumbar spine disorder is not related to his military service and therefore denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbar spine disability and whether referral for extraschedular evaluation is warranted. The TDIU claim will also be remanded for compliance with the May 2014 Board remand instructions.

The Veteran's service-connected lumbosacral strain, right lower extremity neuropathy, and left lower extremity neuropathy are rated at the maximum available disability ratings. The Veteran is also entitled to a TDIU based on his service-connected disabilities.

The Board has determined that the Veteran's hearing loss and tinnitus are related to service, while his other conditions have not been established as being due to or a result of service.

The Board found that the Veteran's cervical spine disability, characterized by pain and decreased range of motion, did not meet or approximate the criteria for a rating in excess of 20 percent.

The Veteran withdrew his appeal, resulting in the dismissal of the case.

The Board has remanded the case due to inadequate examination and need for further development of the record.

The Veteran's appeal is remanded due to the need for additional medical examination and consideration of all pertinent evidence. The issues include increased ratings for his cervical spine disability, left upper extremity neurological impairment, and right upper extremity neurological impairment.

The Board found that new and material evidence had not been received to reopen the claim for service connection for a low back disability, thus denying the reopening of the claim.

The Board has granted service connection for low back and cervical spine disabilities. The Veteran's left knee disability is being remanded due to the need for a medical opinion regarding its relationship to her right knee disability.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of pre-existing lumbar pathology in his prior service and that any current condition is not related to active duty.

The Board has determined that the Veteran's current low back disability, including lumbar strain with sciatica, is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding her foot, back and knee disabilities. The claims for PTSD, fatigue, gall bladder disability, gum disease, migraines, and varicose veins are also being remanded.

The Board has remanded the case for further development, including obtaining additional VA treatment records and providing an addendum opinion from a VA examiner regarding the service connection of the Veteran's low back disorder to include as secondary to his service-connected pilonidal cyst.

The Board found that the Veteran's current lumbar spine disability is not related to service or a service-connected condition, and thus denied his claim for service connection.

The Veteran's lumbar spine disability was rated at 20 percent from February 6, 2007 to December 3, 2009. From December 3, 2009 to April 4, 2012, the disability was rated at 40 percent.,The Veteran's lumbar spine disability is currently rated as 20 percent disabling from February 6, 2007 and increased to 40 percent effective December 3, 2009. The Board has remanded for further development regarding the issue of TDIU and an extraschedular rating.,The Veteran's lumbar spine disability is rated as 40 percent disabling from December 3, 2009 to April 4, 2012.

The Veteran's claim for a rating in excess of 40 percent for his sacroiliac sclerosis with prolapse and lumbar intervertebral disc syndrome is denied, as the evidence does not show ankylosis or physician-prescribed bedrest due to incapacitating episodes. The service connection claim for a bilateral hip disability is also denied.