Back / lumbar spine decisions — 2016

The Veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine, was found to be manifested by forward flexion limited to 40 degrees with pain. The examiner did not find any evidence of favorable or unfavorable ankylosis, intervertebral disc disease, or muscle spasm. As such, a rating in excess of 20 percent prior to March 4, 2013, for the lumbar spine disability was denied.

The Board has determined that the appellant does not have qualifying service to establish veteran status for the periods of November 1981, 1991, and the summer of 1992. Therefore, his claim for a low back disability is denied.

The Veteran's appeal is being remanded due to an unforeseeable transportation issue preventing the scheduled videoconference hearing. The case will be rescheduled for a new hearing.

The Veteran's claim for an increased rating for her service-connected lumbar strain disability is being remanded due to the need for additional development, including a VA examination and updated treatment records.

The Board has determined that the Veteran's claimed disabilities are not service-connected as they did not manifest during or within one year after his period of active duty and are not related to any incident in service.

The Board has reopened the claim of service connection for a low back disability and found that new evidence submitted by the Veteran relates to his current condition, which is now diagnosed as arthrosis and intervertebral disc syndrome. The examiner opined that the current back disability is less likely than not incurred in or caused by an injury during service.

The Veteran's sleep disorder is attributed to his service-connected PTSD, and he does not have a separate diagnosed sleep disorder. His lumbar spine disability is currently rated as 20 percent disabling due to forward flexion limited to more than 30 degrees but less than 60 degrees.

The Veteran's appeal is being remanded for additional development, including an updated VA examination and obtaining any updated VA treatment records.

The Veteran seeks service connection for a thoracolumbar spine disability and PTSD. The Board has determined that additional development is needed, including obtaining medical opinions regarding the etiology of the Veteran's current back condition and considering his post-service employment history.

The Veteran's claims for service connection for various spine and hip conditions, as well as headaches, have been granted. The Veteran now has service connection for a cervical spine disability, thoracolumbar spine disability, headaches, left hip disabilities, right hip disabilities, and bilateral hip disabilities.

The Veteran seeks service connection for low back and right foot disabilities, as secondary to his service-connected left knee disability. The Board has determined that additional development is needed in order to properly adjudicate these claims.

The Board has determined that the Veteran's low back disability is aggravated by his service-connected cold injuries of the bilateral feet, and thus grants service connection for this condition.

The Board has determined that the Veteran's current low back disability did not manifest during service or within a year of separation, and is not related to any in-service disease, injury, or event. The evidence does not support a finding of chronicity of symptoms since service.

The Veteran's lower back and right knee disabilities are service-connected as direct service connection. The Board finds that the Veteran's left knee disability is proximately due to his service-connected healed left fibular fracture.

The Board has remanded the case for additional development, including obtaining relevant treatment records and providing an addendum opinion on service connection.

The Board has remanded the case due to the need for additional development and examination of the Veteran's claims, including for a psychiatric evaluation, orthopedic evaluations, and an audiological examination.

The Board denied reopening the Veteran's claim for service connection of a back disability, finding no new and material evidence to support it.

The Veteran seeks service connection for right knee and back disabilities, which he contends are related to his service-connected left knee disability. The Board has determined that a new examination is needed as the current opinion provided by the VA examiner does not address direct service connection or whether the conditions were aggravated by his service-connected left knee condition.

The Veteran's appeal includes claims for increased ratings, effective date determinations, and TDIU. The case is being remanded to obtain additional VA treatment records and notify the Veteran of his rights regarding TDIU.

The Veteran's service-connected disabilities, including gastroesophageal disability, tension headache disability, osteoarthritis of the thoracic and lumbar spine, bilateral plantar fasciitis with degenerative changes at the first metatarsophalangeal joint, cervical strain with degenerative joint and disc disease, left knee orthopedic disability, left elbow nerve disability, and tinnitus, meet the schedular criteria for a TDIU. The Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.