Back / lumbar spine decisions — 2015

The Board found that the Veteran's current low back disorder with left lower extremity involvement is not related to his military service and denied his claim for service connection.

The Board denied the Veteran's claims for service connection for low back disability, right leg disability, left hip disability, and headaches as secondary to her service-connected left knee disability. The claim for a rating in excess of 30 percent for left knee disability rated under DC 5257 was also denied as a matter of law.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and thus denies his claim for a TDIU.

The Veteran's service-connected spine disability renders him unable to obtain or maintain any form of substantially gainful employment consistent with his education, training, and work history since January 2, 2011.

The Veteran's appeal is being remanded due to the need for clarification of the VA spine examination findings and a new VA spine examination.

The Veteran's claims for increased ratings and service connection were denied. The left knee condition was rated at 10 percent prior to January 12, 2011, and in excess of 10 percent thereafter. Bilateral pes planus and low back pain conditions remain at 10 percent.

The Board found no evidence to support the Veteran's claims for service connection for her abnormal heart beat, heart murmur, hypertension, and lumbar spine disability. The preponderance of the evidence is against these claims.

The Board denied service connection for left hip and lumbar spine disabilities, finding that a chronic disability of the left hip has not been demonstrated at any time during the appeal period and that a chronic lumbar spine disability was not evident during service or until many years thereafter and is not shown to have been caused by any in-service event.

The Board has determined that the Veteran's low back disability, characterized as degenerative joint and disc disease of the lumbar spine, is attributable to his active service. The decision grants service connection for this condition.

The Veteran's depression is service-connected as secondary to his asthma and physical pain. His back disorder is also service-connected, with the primary basis being related injuries during Active Duty for Training (ACDUTRA).

The Veteran's lumbosacral strain was initially rated as noncompensable prior to March 25, 2008 and subsequently rated at 20 percent thereafter. The current rating of 20 percent is maintained as the evidence does not show that the Veteran's disability warrants a higher evaluation.

The Board has remanded the case for further development, including obtaining VA and SSA records, scheduling a VA examination, and issuing a statement of the case on the issues of service connection for low back disability and psychiatric disorder.

The Veteran's PTSD was granted service connection and assigned a 70 percent rating effective September 8, 2009. The Veteran is also entitled to an increased rating for lumbosacral strain with degenerative disc disease from September 18, 2009.

The Board denied the Veteran's claims of service connection for psychiatric, left jaw, left frontal lobe, cervical spine, and lumbar spine disabilities. The diagnoses were not supported by evidence or medical opinion.

The Board has remanded the case for additional development, including obtaining VA and private medical records, as well as vocational rehabilitation records. The Veteran's unemployability claim will be reconsidered based on the updated evidence.

The Board has remanded the case for additional development due to incomplete records and further examination.

The Board found that there is no current diagnosis of a lumbar or cervical spine disability, and thus denied the Veteran's claims for service connection.

The Board has determined that the Veteran's back disability is aggravated by his service-connected bilateral knee disabilities, and therefore grants entitlement to service connection for a back disability. However, there is no evidence of a current left bicep disability, so the claim for this condition is denied.

The Board has granted service connection for low back and left knee disabilities, finding that the current conditions are more likely than not related to the Veteran's military service. The right knee disability is considered secondary to his service-connected right knee condition.

The Veteran's appeal is being remanded due to the need for additional VA examinations and opinions regarding his right hip disorder, left knee, cervical spine, and lumbar spine disabilities. The claims are not yet decided.