Back / lumbar spine decisions — 2015

The Veteran's appeal involves multiple conditions and issues, including service connection claims for various health problems. The Board has scheduled a Travel Board hearing to address these matters.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his service-connected conditions, including left and right knee retropatellar pain syndrome, pseudofolliculitis barbae, and lumbosacral strain.

The Veteran's lumbar spine disability and radiculopathy of the bilateral lower extremities are granted service connection as they are related to his in-service injuries.

The Board has granted a higher rating for the Veteran's service-connected pelvic disability and found that new evidence supports reopening his claim of service connection for a lumbar spine disability. The Veteran is now rated at 10 percent for his pelvic disability, effective from September 2010.

The Board found that the Veteran's current hip, back, and knee disabilities did not begin during or were otherwise caused by his active service, including his service-connected right ankle disability.

The Board has remanded the case due to outstanding service treatment records and medical records from 1987 to 1996, including a claimed back surgery in 1992. The Veteran's claim for service connection will be reconsidered after these records are obtained.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling VA examinations. The Veteran's claims of service connection for low back and right knee disabilities are pending.

The Board has ordered additional development due to the failure to provide VCAA notice and obtain treatment records prior to May 1991. The Veteran's claim for service connection for a back disability is being remanded.

The Board has determined that the Veteran's service-connected right ankle disability, which was a result of his military service, contributed to his death from pulmonary thromboembolism. The cause of death is therefore service connected.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for a total disability rating on the basis of individual unemployability.

The Board denied an initial rating in excess of 20 percent for the service-connected thoracolumbar strain and denied a separate compensable rating for neurological impairment associated with the back disability.

The Veteran's lumbosacral strain with lumbar scoliosis was initially rated as noncompensable prior to May 22, 2009 and subsequently granted a 10 percent disability rating thereafter. The claim for a separate compensable disability rating for a neurological disability of the lower extremities from May 22, 2009 remains pending.

The Board finds that the Veteran's current low back disability, including partially conjoined right-sided L5 and S1 nerve roots and degenerative disc disease of the lumbar spine, is not related to his military service. The evidence does not support a finding of in-service injury or disease leading to these conditions.

The Veteran's service-connected disabilities, including PTSD and psychotic disorder, cervical spine disability, low back disability, tinnitus, shell fragment wound scars, hemorrhoids, and left ear hearing loss, result in painful, limited motion that impairs his ability to perform employment of both a physical and sedentary nature. The evidence is at least in equipoise as to whether these disabilities prevent him from obtaining and retaining substantially gainful employment.

The Board has determined that the Veteran's current back disability is not related to service or caused by any of his service-connected conditions, including left ankle, knee, and fibromyalgia.

The Veteran's low back disability has not resulted in forward flexion of 30 degrees or less, ankylosis of the spine, any incapacitating episodes, or any objective neurological abnormalities at any time during the course of the claim and appeal.

The Veteran's appeal is being remanded for a video teleconference hearing before the Board of Veterans' Appeals.

The Veteran's claim for increased ratings for his lumbar spine condition is being remanded due to the need for additional medical records and a new VA examination.

The Board denied the Veteran's claims for effective dates prior to January 6, 2009 for service connection of migraine headaches, lumbar spine strain due to scoliosis, and right knee patellofemoral pain syndrome as these awards became final after a February 2001 rating decision on merits.

The Veteran's claim for service connection of a low back disability is being remanded due to the need for additional development, including obtaining his personnel file and providing him with a VA examination.