Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded for scheduling a Board videoconference hearing. The service connection issue remains unresolved and will be addressed in the future.

The Board denied the Veteran's claims for service connection for cold injury residuals of the bilateral legs and feet, finding that there was no evidence to support these conditions. The decision also noted that the Veteran did not sustain any cold injuries in service.

The Veteran's claim for service connection for major depressive disorder and a lumbar spine disability has been granted. His son, S.M., is recognized as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to the age of 18.

The Board has remanded the case for a Travel Board hearing due to issues with recording at the previous hearing. Service connection claims for bilateral knee condition and degenerative disc disease of the lumbar spine are pending, as is the TDIU claim.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and scheduling a spine examination.

The Board has determined that the Veteran's lumbar spine disability, which is rated as lumbosacral strain under DC 5237, does not warrant a rating in excess of 10 percent due to its current functional impairment. The Veteran currently exhibits forward flexion to at least 85 degrees without evidence of muscle spasms, guarding, or ankylosis.

The Board has determined that the appellant's cervical and thoracic spine disorders are related to his military service, granting service connection for these conditions.

The Veteran's appeal is remanded due to the need for VA examinations to address service connection claims and an updated hearing loss rating.

The Veteran's claim for increased ratings for his low back disability was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to May 7, 2012 and since May 7, 2012.

The Board denied the Veteran's claims for service connection for a back disorder and hypertension, as well as an increased rating for diabetes mellitus. The case is being remanded for further development.

The Board has determined that the Veteran's recurrent lumbosacral spine disorder, including degenerative disc disease and spondylosis, originated during active service.

The Board found that the Veteran is not entitled to an earlier effective date for a 40 percent rating for his thoracolumbar spine disability, but it remanded the TDIU claim due to procedural issues.

The Veteran's claims of entitlement to a rating in excess of 10 percent for peptic ulcer disease and whether new and material evidence has been received to reopen the claim for service connection for a lumbar spine disorder were denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA records. The claims for increased ratings for DM II and left lower extremity peripheral neuropathy will be readjudicated with consideration of evidence added to the claims file since the July 2014 supplemental statement of the case. A new VA spine examination is needed to determine if the Veteran's back condition is related to his service-connected right knee, ankle, and heel disabilities.

The Veteran's service-connected disabilities do not meet the criteria for SMC due to aid and attendance or a single disability rated as 100 percent disabling.

The Veteran's service-connected low back strain and neck strain are rated at the maximum allowable under VA's rating schedule, and there is no evidence of additional disability not contemplated by these ratings. The Board denied entitlement to extraschedular ratings for both conditions. For TDIU prior to December 16, 2003, the Veteran was found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the nature and etiology of any low back disabilities (other than a compression deformity of the inferior endplate of L1), to include degenerative disc disease and/or degenerative joint disease. The claim will be reconsidered after this additional development.

The Veteran's service-connected conditions did not render him unemployable prior to April 22, 2009 without considering his age and a non-service-connected condition (HSP).

The Board has remanded the case due to the need for additional VA treatment records, and the claims will be reconsidered.

The Veteran's lumbar DDD is currently rated as 10 percent disabling, and a separate rating of 10 percent for left leg radiculopathy beginning May 12, 2015 has been granted.