Back / lumbar spine decisions — 2016

The Veteran's appeal is remanded due to the need for new VA examinations and consideration of a TDIU claim. The current rating for lumbosacral strain needs to be reassessed, and the TDIU request must await resolution of the lumbosacral strain issue.

The Board has determined that further development is necessary before the appeal can be decided, including obtaining VA treatment records and providing an addendum opinion regarding the Veteran's service connection claims.

The Veteran's death was not caused by his service-connected disabilities, and the Board finds that these conditions did not contribute substantially or materially to cause the Veteran's death. The independent medical opinion concluded that the service-connected disabilities did not cause or contribute to the Veteran's death.

The Veteran's TDIU claim was granted effective December 29, 1995. The combined disability rating for his service-connected disabilities is 70 percent.

The appellant withdrew his appeal for attorney fees based on increased evaluation of arthritis of the lumbosacral spine.

The Board has determined that the Veteran's low back and neck disabilities are not related to her service, including her service-connected left and right central band plantar fascia tears. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the Veteran does not have a current diagnosis of left ankle or low back disorder, and therefore cannot establish service connection for these conditions.

The Board dismissed the Veteran's appeal of his claim for an increased disability rating for lumbosacral strain due to withdrawal by the appellant. The issue of entitlement to service connection for a skin disorder of the scalp was remanded.

The Veteran's cervical spine disability is rated at 40 percent, with a separate rating of 10 percent for neurological symptoms. The right shoulder disability was initially denied but later granted as 30 percent disabling effective October 27, 2009. The left leg disability remains at 20 percent.

The Board has remanded the case due to inadequate examination and new evidence, requiring further review by VA.

The Veteran's low back strain is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board has determined that there is no evidence to support a finding that the Veteran's current low back disability was incurred or aggravated by his period of active service. The preponderance of the evidence does not support a nexus between the Veteran's in-service back pain and his current condition.

For the period prior to February 6, 2015, the Veteran's right shoulder disorder was rated as 10% disabling and his low back strain as 10% disabling.,Beginning February 6, 2015, the Veteran's right shoulder disorder was rated at 20% and his low back strain remained at 10%. The appeal for higher ratings is denied.,The Veteran's service-connected right shoulder dislocations and subluxations are currently rated as 10% prior to February 6, 2015 and 20% beginning that date. His low back strain remains at 10% since the initial grant of service connection in August 2008.,The Veteran's right shoulder disorder is not entitled to a higher rating based on its current manifestations, as it does not meet the criteria for nonunion of the clavicle with loose movement or dislocation of the clavicle. The low back strain remains at 10% since August 2008.

The Board finds that the Veteran's fatigue, joint pain and myalgia are not due to an undiagnosed illness or a medically unexplained chronic multisymptom illness. The symptoms are more likely related to his diagnosed conditions such as cervical spine disability, bilateral knee disability, wrist disability, diabetes with neuropathy, PTSD, and fibromyalgia.

The Board has granted service connection for the Veteran's chronic lumbosacral pain, finding that it is related to an injury in service. The remaining issues of service connection for a cervical spine disability, cardiovascular disability, and left knee disability are remanded for further development.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the nature and etiology of any cervical spine and lumbar spine disorders, as well as the severity of service-connected right and left knee disabilities. The Veteran's TDIU claim is also pending.

The Veteran's reopened claim of service connection for a back disorder is denied as he failed to report for a scheduled VA examination without good cause.

The Board denied the Veteran's claims for increased initial ratings for his service-connected lumbar spine disability, as well as his claims for earlier effective dates for TDIU and SMC. The Board found that the evidence did not meet the criteria for higher initial ratings or earlier effective dates.

The Veteran's service-connected lumbar spine IVDS with degenerative changes is rated at 40 percent effective March 4, 2011. The disability picture warrants this rating as the condition has resulted in limited forward flexion and other functional limitations.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's back disability, which was not decided on the merits. The claim will be reconsidered with a VA examination.