Back / lumbar spine decisions — 2016

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Board has decided that further development is needed before the claim for service connection for a low back condition can be adjudicated. The Veteran's claims file must be returned to the examiner who conducted his November 2011 VA examination for an addendum opinion, and any outstanding medical records should be obtained.

The Board has granted an effective date of September 29, 2006 for the grant of service connection for degenerative disc disease of the lumbar spine and tinnitus. The Veteran's claims were pending within one year of his separation from service.

The Veteran's claims for increased ratings for diabetes mellitus, type II and lumbar spine osteoarthritis with intervertebral disc syndrome are being remanded due to the need for additional medical examinations and development of records.

The Veteran's TDIU claim is being remanded due to the need for a more thorough opinion from a VA Vocational Rehabilitation Division counselor regarding his employment status and functional limitations.

The Veteran's appeal is being remanded for additional development as there are outstanding VA treatment records and the issues on appeal require further consideration.

The Board has denied the Veteran's claims for service connection for hypertension and a low back disorder, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran's thoracolumbar spine disability did not increase in severity beyond its natural progression during service and is therefore not service-connected.

The Veteran's claim for a higher initial rating for intervertebral disc syndrome, lumbar spine was denied. The Veteran is currently rated at 40 percent for this condition.

The Board has determined that the Veteran's claimed conditions did not have onset during active service or within one year of discharge, and are not otherwise etiologically related to his military service.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional medical records. The issue of entitlement to TDIU will be reconsidered after these actions.

The Veteran's back disability is currently rated at 20 percent, effective July 28, 2010. The evidence does not support a higher rating.

The Board has determined that the character of the Veteran's discharge from service is not a bar to receiving VA benefits, and thus he qualifies as a 'veteran' for purposes of VA benefits.

The Veteran's headaches are caused by his hypertension and service connection for this condition is granted. The remaining issues of service connection for thyroid disorder, left eye disability, and back disability are not addressed in the decision.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death, and that the medication he was taking for these conditions did not play a significant role in causing his kidney failure.

The Veteran's low back disability is not service-connected as it was not shown to be related to his military service or any event therein.,There is no evidence of a right lower extremity disability during the appeal period.

The Board found that the Veteran's right ankle strain, degenerative joint disease with meniscal tear of the right knee, right hip strain, and facet arthrosis at L5-S1 of the lumbar spine are not proximately due to or aggravated by his service-connected right foot plantar wart/callus.

The Board has determined that the Veteran's claimed low back, cervical spine, and left knee disabilities are not related to service. The evidence does not show chronic or continuous symptoms of these conditions during active duty or within one year after separation from service.

The Board denied the Veteran's claims for increased ratings for her scoliosis of the lumbosacral spine, right hip strain, left hip strain, and left knee strain. The evidence did not show that any of these conditions warranted a higher rating under VA regulations.

The Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment consistent with his education and industrial background, meeting the criteria for a TDIU rating.