Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's current upper (thoracic) back, lower back, and bilateral shoulder disabilities are related to his military service. As a result, the appeal for these conditions is granted.

The Board found that the Veteran's current cervical and lumbosacral spine conditions are related to his service, specifically a motor vehicle accident in July 1993. The VA examiner opined that it is less likely than not that these conditions were caused by this incident.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a statement of the case addressing his increased rating claims. The TDIU claim will be deferred until the increased rating claims are resolved.

The Veteran's appeal is being remanded for additional development, including examinations to determine the etiology of his claimed disabilities and whether they are related to service, including exposure to radiation in service.

The Board has remanded the case for additional development due to missing VA treatment records and other relevant documents.

The Veteran's claim of service connection for bilateral lower extremity radiculopathy was granted, and his rating for chronic lumbosacral strain was increased to 40 percent effective September 15, 2013. The issue of an evaluation in excess of 40 percent thereafter is still pending.

The Veteran's lumbar spine disability was manifested by pain on motion limiting forward flexion to 80 degrees, but no incapacitating episodes of intervertebral disc syndrome or neurologic/sensory impairment. The initial rating of 10 percent is granted.

The Veteran's claim for a clothing allowance was denied because the back brace he uses does not cause wear and tear on his clothes, as determined by the Under Secretary for Health.

The Board has determined that the Veteran's current lumbar spine disability, including DDD and arthritis, did not have its onset in service or is otherwise related to his military service. The claim for service connection is therefore denied.

The Board found that the evidence does not support a finding of service connection for a back disability, as there is no medical opinion linking current low back pathology to service or an in-service injury. The Veteran's current back condition is more likely related to a 2003 motor vehicle accident.

The Board has reopened the claim for service connection for a low back disability and granted service connection. The cervical spine disability, allergic rhinitis, chronic sinusitis, and psychiatric disorder to include major depressive disorder are all found not to be related to active service.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining medical records and arranging for a psychiatric examination.

The Veteran's service-connected low back condition resulted in forward flexion of the thoracolumbar spine to be limited to less than 30 degrees, qualifying for a 40 percent rating for accrued benefits purposes as of April 12, 2007.

The Veteran's low back strain was granted a rating of 40 percent effective September 23, 2014. The right lower extremity radiculopathy and post-operative right knee instability were both granted separate ratings.

The Board found that the reduction in rating from 40 percent to 20 percent was improper and restored the original 40 percent rating for the low back disability. The claim for increased rating and TDIU prior to July 14, 2009 remains on appeal.

The Board has granted service connection for lumbar scoliosis with degenerative disc disease and spondylosis, as well as an acquired psychiatric disorder to include major depressive disorder, both found to be related to service.

The Board has denied the Veteran's claims for service connection for eczema, left epicondylitis, a left hip condition, and a lumbar spine condition. The evidence does not support a finding that these conditions are related to his active duty service.

The Board has determined that the Veteran's low back disability and bilateral hip disability are related to his active duty service, granting service connection for these conditions.

The Board has determined that the Veteran's fatigue is not due to an undiagnosed illness or a medically unexplained chronic multi-symptom illness related to his service in Southwest Asia. The symptoms are attributed to known clinical diagnoses such as PTSD, back disability, obstructive sleep apnea, and shift work sleep disorder.

The Veteran is unemployable due to service-connected disabilities, and the Board grants a TDIU on an extraschedular basis.