Back / lumbar spine decisions — 2016

The Board has found that further development of the medical record is needed to properly consider the Veteran's claim for service connection for a low back disability. The case is REMANDED for another examination and opinion addressing both theories of entitlement.

The Board has determined that the Veteran's pre-existing low back disability did not worsen during his ACDUTRA service, and therefore, he is not entitled to service connection for a low back disability. The VA examiner concluded that the Veteran's venous outlet obstructionary disease and ED are not directly related to his low back disability.

The Veteran's appeal is being remanded to obtain additional medical records and for further development. The issues include service connection for a neck disability, increased ratings for lumbar spine and radiculopathy of the left lower extremity, and TDIU.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective September 13, 2007. The Board finds that the evidence does not support a higher rating for her service-connected back disability as it does not meet the criteria for an increased rating under any applicable diagnostic code.

The Board has determined that the Veteran's lumbar spine and eye disabilities are not related to his military service, while bilateral hearing loss is being remanded. The Veteran's current conditions do not meet the criteria for direct service connection.

The Veteran's claims for increased ratings for right knee chondromalacia, left knee chondromalacia, and lumbosacral strain were denied as the evidence did not show that any of these conditions warranted a rating in excess of their current assigned percentages.,VA examinations consistently showed that the Veteran’s range of motion was within normal limits for his service-connected right and left knees, with no instability or subluxation noted. His lumbosacral strain also met criteria for a 20 percent rating.

The Board has determined that the Veteran's current low back disability was incurred in active service.

The Board has determined that the Veteran's lumbosacral strain is at least as likely as not a natural progression of the lumbar strain noted in service, and thus granted service connection for this condition. The issue of gastroesophageal reflux disease remains pending.

The Veteran's lower back disability was rated at 40% effective August 15, 2011. The claim for TDIU due to service-connected disabilities is denied.

The Board denied service connection for a cervical spine disability and a thoracolumbar spine disability to include arthritis, finding that the evidence did not establish a current disability or a link between any diagnosed condition and service.

The Board has remanded the case for a VA examination to address whether the Veteran's current low back disability is related to service, including his 1975 jeep accident and his service-connected bilateral knee disorders. The claim will be readjudicated after the examination.

The Board has remanded the case due to outdated and inconsistent examination reports, requiring new examinations for the Veteran's lumbar spine disorder and lower extremity radiculopathy.

The Board has remanded the case due to incomplete development and requests an addendum opinion regarding the etiology of the Veteran's spine conditions, specifically whether they are caused or aggravated by PTSD.

The Veteran's disability rating for chronic lumbar strain was increased from 10% to 40%, effective September 18, 2009.

The Board has remanded the case for additional development, including a VA SMP aid and attendance/housebound examination. The Veteran's need for aid and attendance or being housebound will be determined based on his current disabilities.

The Board has determined that the Veteran's arthralgia is related to his service-connected diabetes mellitus, type II. The claim for secondary service connection is granted.

The Veteran's bilateral hearing loss disability is currently rated at the maximum schedular level of 50 percent, effective September 27, 2012. The right knee disability was also granted a higher evaluation to 20 percent effective October 2, 2012.

The Veteran's TDIU claim is being remanded for further development, including obtaining updated VA and private treatment records, securing his VA vocational rehabilitation file, and providing an advisory opinion from a VA Vocational Rehabilitation Division counselor regarding the effect of his service-connected disabilities on his employability.

The Board has reopened the Veteran's claim for service connection for a right hip disorder, including arthritis, sciatica, and a back disability. The issue is now remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's service-connected cervical spine disorder had its onset during his combat service in Vietnam and is presumed to have been incurred therein. The Board finds that the Veteran's cervical spine disability should be granted as service connected.