Back / lumbar spine decisions — 2016

The Board has determined that additional examinations and development are necessary to properly adjudicate the Veteran's claims, including for his lumbar spine disorder, bilateral leg and foot disorders, and right eye disorder.

The Veteran has withdrawn his appeals regarding service connection for back disability and traumatic brain injury.

The Board has determined that additional development is needed to ensure all relevant evidence is considered in the adjudication of the Veteran's claims, including obtaining his personnel file and verifying his service dates, securing STRs related to Reserve service, and conducting verification for alleged stressors. The Veteran also needs examinations for his claimed neck and psychiatric disabilities.

The Veteran's tinnitus and low back disability are found to have had their onset during service, warranting service connection.

The Veteran's claim for service connection for bilateral blindness was denied due to lack of evidence showing a disability in service or within one year after discharge. The newly submitted evidence does not raise a reasonable possibility of substantiating the claim.,The Veteran's claim for service connection for paresthesias, left leg (secondary to back disability) was denied as there is no evidence of a current disability related to active duty.

The reduction of the Veteran's disability rating for lumbar degenerative disc disease from 40 percent to 10 percent was improper, and the criteria for restoration of the 40 percent rating have been met.

The Veteran's low back disability is currently rated as 10 percent disabling, and the Board finds that it does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Veteran's claims of service connection for an acquired psychiatric disability, left knee disability, and lumbar spine disability were granted. The Veteran was also awarded a higher rating for her residuals of traumatic brain injury (TBI) and migraine headaches.

The Board has determined that the Veteran's death was caused by his service-connected conditions, and thus grants service connection for the cause of the Veteran's death. The claim for accrued benefits is denied as there were no pending claims at the time of the Veteran's death. The Appellant's request for entitlement to a death pension is remanded due to the conflict in determining whether the Veteran's death was service-connected or not.

The Board has determined that the Veteran does not have a neck or back disability that was caused by his service. Therefore, the claims for service connection for these disabilities are denied.

The Veteran's appeal for higher initial disability ratings for left knee tendonitis and degenerative joint disease of the lumbar spine was denied. The Board found that the evidence did not warrant a higher rating based on limitation of motion or other diagnostic codes.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, and the Board finds that a higher rating (40%) is warranted for this condition.

The Veteran's lumbosacral strain with mild to minimal broad-based disc bulge at L4-5 and L5-S1 has been manifested by intervertebral disc syndrome with severe symptoms, recurring attacks, and intermittent relief. The Board finds that the criteria for a 40 percent disability rating have been met.

The Board denied reopening the claim for service connection for a back disability and found no new and material evidence. The claims for bilateral hearing loss and tinnitus were also denied, as there was no evidence of in-service injury or disease related to these conditions. The effective date for service connection for a left shoulder disability remains September 12, 2013.

The Board has ordered the case back to the AOJ for additional development due to incomplete records and for consideration of new evidence.

The Veteran is entitled to a TDIU prior to April 9, 2014 due to her service-connected disabilities preventing her from securing and maintaining substantially gainful employment.

The Veteran's low back disability is currently rated at 40 percent, effective October 31, 2011. The left knee disability remains at a 40 percent rating since October 1, 2014.

The Board has determined that the Veteran's lumbar spine and cervical spine disabilities are due to her military service, resolving all reasonable doubt in her favor.

The Board has remanded the claims of service connection for low back and right knee disabilities due to outstanding workmen's compensation records and private treatment records.

The Veteran's low back disability does not meet the criteria for a rating in excess of 10 percent, as his forward flexion is greater than 30 degrees but not greater than 60 degrees and his combined range of motion is not greater than 120 degrees. The Board found that he did not have muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.