Back / lumbar spine decisions — 2015

The Board has ordered further development to determine if the Veteran's service-connected lumbosacral degenerative joint and disc disease contributed substantially or materially to his cause of death, which was listed as bilateral pneumonia-mixed bacterial. The appellant argues that the Veteran's back disorder was so debilitating it aided in causing his death.

The Veteran's low back and right elbow disabilities are being remanded for further development, including obtaining updated medical opinions regarding the relationship between these conditions and his service-connected bilateral foot disability.

The Board has granted service connection for right hip, right shoulder, left shoulder, and low back degenerative joint diseases as well as cellulitis, all of which are found to be secondary to the Veteran's service-connected left knee disability.,Service connection is established for these conditions based on their causal relationship to the Veteran's service-connected left knee condition.

The Veteran seeks service connection for degenerative disc disease of the spine. The VA examiner found no relationship between the Veteran's in-service injury and his current condition, citing a lack of evidence in service treatment records and a long period without any complaints or treatment related to the back issue.

The Board finds that the Veteran's back disability, including degenerative disc and joint disease of the lumbar spine and herniated lumbar disc, status post two laminectomies, was incurred during active military service.

The Veteran's service-connected disabilities, including his back disability and bilateral leg disabilities, render him unable to secure or follow substantially gainful employment. As a result, the Board has granted TDIU.

The Veteran's service-connected low back disability is currently rated at 20 percent prior to April 25, 2014 and 40 percent beginning April 25, 2014.

The Veteran's service-connected lumbar spine disability is rated at 40 percent since April 15, 2015. The claim for TDIU prior to this date remains in appellate status due to the partial grant of a TDIU award.

The Board determined that new and material evidence had not been received to reopen the previously denied claim for service connection for a back disability.

The Veteran's claim for service connection for bilateral hearing loss and tinnitus is granted, while his claim for an increased rating for low back strain remains pending. His TDIU claim has been referred to the Compensation Director due to evidence suggesting he is unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's current low back disability did not manifest during service or within one year of separation, and is not otherwise related to service. The claim for service connection was denied.

The Veteran's claim for service connection for tinnitus is granted. The claims for increased ratings for PTSD and low back disability, as well as the TDIU claim are remanded.

The Board has granted service connection for a lumbar spine disability, cervical spine disability, and an adjustment disorder. The Veteran's right knee patellofemoral pain syndrome rating is restored to 30 percent.

The Board has determined that the Veteran's lumbar spine disability was first diagnosed during active service and has persisted since, meeting the criteria for service connection.

The Board found that the July 2009 rating decision denying service connection for a low back condition was not clearly and unmistakably erroneous, as there was no current diagnosis of a chronic disability. The RO considered all relevant evidence and determined that service connection was not warranted.

The Board has determined that further development is needed to address the Veteran's claims for service connection, including obtaining a new VA examination and opinions.

The Veteran's appeal has been withdrawn by the appellant before a decision was made.

The Board has reopened the claims of service connection for a low back disability and tooth fracture, but denied both on the merits. The Veteran's low back disability is not related to service, and his tinnitus is not shown to be related to service.

The Board has granted service connection for the Veteran's low back disability. The issues of entitlement to service connection for a cerebrovascular accident (CVA/stroke) and ischemic heart disease are remanded due to the Veteran filing a timely notice of disagreement.