Back / lumbar spine decisions — 2015

The Board has remanded the Veteran's claims for additional development and adjudication due to incomplete medical records, conflicting opinions from VA examiners, and the need for further clarification of the Veteran's service connection claims.

The Veteran's claim for an initial evaluation in excess of 10 percent for thoracolumbar spine degenerative disease was denied. The Board found that the evidence did not meet the criteria for a higher rating based on forward flexion, combined range of motion, or muscle spasm and localized tenderness. However, separate evaluations were granted for radiculopathy of the right lower extremity (10 percent) from August 26, 2011, through September 23, 2012; for radiculopathy of the right lower extremity (20 percent) from September 23, 2012, through March 2, 2014; and for radiculopathy of the left lower extremity (10 percent) beginning July 1, 2014.

The Board has remanded the case for further development due to the Veteran's failure to report for VA examinations and because of his need to care for a sick mother. The appeal is being returned to the AOJ for additional development.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his active duty service and grants entitlement to service connection.

The Veteran's low back pain is found to have started in service and has continued since then, with a confirmed diagnosis of degenerative disc disease shortly after discharge. Service connection for this condition is granted.

The Veteran's appeal has been withdrawn by his representative, and the Board is dismissing the appeal due to lack of pending issues.

The Veteran's claim for an initial evaluation for his lumbar spine disability is being remanded due to the need for updated VA treatment records and notification of medical providers who treat him.

The Board has determined that the current VA examination and opinion are inadequate for adjudication purposes due to the lack of discussion regarding the Veteran's lay statements. The case is therefore being remanded for further development.

The Veteran's back disability is rated at 20 percent, and his cellulitis and tinea cruris are not compensable.

The Board has determined that the Veteran's hypertension, chronic kidney disease, and lumbar spine disability did not have their onset in service or within one year of service discharge.,There is no evidence linking these conditions to service.

The Veteran's appeal is being remanded for additional development, including an updated VA examination to assess the current severity of his lumbar spine disability.

The Board has granted service connection for the Veteran's low back disability, finding that it had its onset in service and is related to his military service.

The Board has denied the Veteran's claims for higher ratings for anxiety disorder and service connection for low back, eustachian tube dysfunction, and seizure disorders. The claims were also denied for TDIU due to service-connected disability.

The Veteran's appeal is being remanded to obtain additional medical records, determine the impact of his service-connected disabilities on his employability, and consider whether referral for extra-schedular consideration is warranted.

The Board has remanded the case for a hearing with a Board member due to audio equipment malfunction in the previous hearing. The Veteran's claims of service connection for depression and low back disability, as well as any acquired psychiatric disability including PTSD, are pending.

The Board found that the Veteran's low back disability is not related to service, and his bilateral pes planus was not aggravated by service. The appeal for service connection on these issues is denied.

The Board found that the Veteran's current diagnosed disabilities of the feet and back are not related to his military service, including his in-service symptoms.

The Veteran's service-connected low back disability has not manifested to the level that would warrant a higher rating under VA regulations.

The Veteran has withdrawn all his appeals, including the one regarding service connection for a sinus disability. As a result, the Board does not have jurisdiction to decide these matters.

The Veteran's groin pain is found to be a residual of his in-service varicocelectomy, and service connection for this condition is granted. Service connection for the low back disorder remains denied.