Back / lumbar spine decisions — 2015

The Board has remanded the case due to missing service treatment records and the need for a VA examination regarding the Veteran's back condition.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative changes of the thoracic spine and degenerative disc disease, originated during his active service. Service connection is granted.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a VA examination to determine if the Veteran's low back disability is related to service.

The Veteran's appeal has been dismissed as he withdrew his claims for a higher rating for disc disease of the lumbar spine and an initial rating for fracture skull with severe traumatic brain injury and memory loss.

The Veteran's claim for an initial evaluation in excess of 20 percent for lumbar disc herniation prior to September 1, 2010 was denied. The effective date for the grant of service connection for lumbar disc herniation remains August 4, 2005.

The Board finds that the Veteran's current low back disability, including degenerative disc disease and degenerative joint disease of the lumbar spine, is etiologically related to her in-service motor vehicle accident. Resolving all reasonable doubt in favor of the Veteran, the evidence demonstrates a causal relationship between her service-connected injury and her current condition.

The Veteran's left ankle degenerative joint disease is not related to service, but he has a current right great toe fracture with residual degenerative joint disease and cervical spine degenerative disc disease.,Service connection was granted for the right great toe disability and cervical spine disability, but denied for the left ankle disability.

The Veteran's right ankle condition is not related to her service-connected right hip disability, or otherwise to active duty service.,The Veteran's sacroiliac joint dysfunction (SIJD) is proximately due to, or the result of, her service-connected right hip disability.

The Board has determined that the Veteran's arthritis of the left hip and degenerative disc disease of the low back are not related to his active service, and thus denied these claims.

The Veteran's service-connected disabilities have been rated at the initial 20 percent level since December 17, 2002. The Board has granted a higher rating of 40 percent for peripheral neuropathy of the right lower extremity as of April 20, 2015.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to January 30, 2003.

The Board has ordered a remand to obtain an updated medical opinion regarding the etiology of the Veteran's diagnosed back disabilities, specifically whether they are related to service or not. The case will be returned for further development and consideration.

The Board denied reopening the Veteran's claim of service connection for a low back disability and found that there is no current evidence showing residuals of a traumatic brain injury. The Veteran's claims were not supported by sufficient medical evidence.

The Board has determined that the Veteran's low back disorder did not have its onset during active duty and has continued since service. The evidence does not support a finding of continuity of symptoms from service to the present.

The Veteran's claim for a higher initial rating for his service-connected lumbosacral strain was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to May 14, 2009, and in excess of 20 percent as of that date.

The Board has remanded the issues of entitlement to service connection for left knee, left ankle, low back, respiratory, and throat disabilities due to a lack of a Statement of the Case.

The Board has remanded the case for further development due to the need for additional VA clinical records and SSA records.

The Board has determined that the Veteran does not have a current diagnosis for bilateral pes planus, bilateral knee disabilities, or lumbar fusion disability. The claim for peripheral neuropathy of the left upper extremity is denied as there is insufficient clinical evidence to support this condition.

The Veteran's appeal is being remanded due to the need for a Board hearing. The issues of entitlement to increased ratings for lumbar degenerative disc disease and tinnitus are still pending.

The Board denied the Veteran's claims of service connection for left knee disability, back disability, right hip disability, diabetes mellitus, and erectile dysfunction. The evidence did not establish a direct link between these conditions and military service.