Back / lumbar spine decisions — 2016

The Board has determined that additional development is needed to determine the etiology of the Veteran's low back disability and whether his left ankle disability is related to his service-connected low back disability. The case will be remanded for further action.

The Veteran's back disability is currently rated at 20 percent, effective February 27, 2008. The Board found that the evidence supported a higher rating based on his daily low back pain and functional limitations.

The Board has determined that the Veteran's left knee and low back disabilities are related to her service-connected bilateral pes planus, and thus granted service connection for these conditions.

The Board found the Veteran's COPD and thoracolumbar spine disorder are not related to his active service.,Competent medical evidence is against a finding that the Veteran currently has these conditions as a result of his military service.

The Board has remanded the case due to the need for additional development and clarification of the Veteran's conditions.

The Veteran's TDIU claim is being remanded for further development to determine his ability to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Board has ordered the VA to obtain and associate with the electronic claims file all outstanding VA treatment records from Bay Pines VAMC for the period from January 2012 to the present. The Veteran's claim is being remanded due to lack of substantial compliance with previous remand directives.

The Board has determined that the Veteran's DDD of the lumbar spine is not related to service or a service-connected condition, and thus denied his claim for service connection.

The Veteran's pes planus with plantar fasciitis was rated at 10% prior to January 6, 2012 and now warrants a 50% rating effective from that date. His degenerative disc disease of the lumbar spine is currently rated as 20%. The radiculopathy in his lower extremities are each rated at 10%. These ratings reflect the severity of the Veteran's disabilities.

The Board has determined that new and material evidence has been received to reopen the previously denied claims for service connection for tinnitus, bilateral pes planus, a bilateral knee disability, and depressive disorder. The Veteran's current thoracolumbar spine scoliosis is considered a developmental disease for VA purposes; it manifested in service and is etiologically related to service.

The Veteran's initial claim for higher ratings for his degenerative changes and stenosis of the lumbar spine was denied. He is currently in receipt of a 40 percent rating since February 11, 2010.

The Veteran's diabetes mellitus was granted service connection based on a diagnosis within one year of discharge from active duty. The back disability and PTSD were both granted increased ratings.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for a low back disorder. The Veteran's lay statements regarding in-service injury are considered, and it is more likely than not that his current low back disorder is related to his active service.

The Veteran's claims for service connection for various conditions, including a right shoulder disorder, back disorder, bilateral knee disorder, bilateral hearing loss, allergies, heart disorder, acne, and an acquired psychiatric disorder (to include PTSD), have been denied as there is no evidence of in-service injury or disease that would support these claims.

The Veteran's degenerative disc disease of the lumbar spine is rated at 10 percent effective January 29, 2011. The other issues on appeal are not addressed as they were granted.

The Veteran's appeal is REMANDED to obtain outstanding VA and non-VA records relevant to his claims, including from Kenner Army Medical Clinic and Colonial Orthopaedics. The case will be readjudicated after all the evidence has been considered.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, as well as providing the Veteran with appropriate VA examinations to assess his lumbar spine, left shoulder, and left wrist disabilities.

The Board has remanded the Veteran's claims for a low back disability and left shoulder disability due to new evidence received since the last final denial. The case will be returned to the AOJ for further action.

The Board has reopened the claim for service connection of a low back disorder and granted it, finding that new evidence supports a link between the Veteran's current condition and her military service.

The Veteran's appeals regarding the ratings for degenerative disc disease at L5-S1, left and right lower extremity radiculopathy have been withdrawn.