Back / lumbar spine decisions — 2016

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted.

The Board has determined that the Veteran's low back condition pre-existed service and was aggravated by in-service injuries, thus granting service connection for a low back disability.

The Board has ordered a remand for further development and examination of the Veteran's claims, including his service connection for PTSD, anxiety disorder with TBI residuals, and joint pain. The issues include evaluating his lumbar spine disorder and multiple joint pain.

The Veteran's TDIU claim has been granted, effective from March 14, 2011. His right ankle disorder and lumbar degenerative disc disease with spinal stenosis are the service-connected conditions that have led to this decision.

The Board finds that there is no competent and credible evidence linking the Veteran's current lumbar spine disorder to his service, or to his service-connected residuals of a left foot fracture. The most probative evidence does not support a grant of service connection for this condition.

The Board has granted a 40 percent rating for the Veteran's lumbosacral strain with history of psychophysiological overlay and intervertebral syndrome of the nerve root at L5 with superficial peroneal nerve involvement and degenerative joint disease, effective June 14, 2011. The claim for separate compensable ratings for radiculopathy associated with the Veteran's lumbar spine strain is denied.

The Veteran's hypertension, degenerative changes of the thoracolumbar spine, and radiculopathy of the left lower extremity are all found to be related to service.,The Veteran's right knee disability is not directly linked to service but may be secondary to his service-connected left foot disability. The right hip disability is also considered secondary to the service-connected left foot disability.

The Veteran's degenerative arthritis of the lumbar spine is currently rated at 40 percent effective June 23, 2015.

The Board has remanded the case due to the need for additional medical examinations and records, as well as further development of the claims.

The Veteran seeks an initial disability rating in excess of 10 percent for the service-connected DDD of the lumbar spine. The VA Compensation & Pension examination reports from June 2010 and February 2014 do not accurately reflect the severity of his low back pain, as noted by the Veteran's wife at a hearing.

The Board denied the Veteran's claims of service connection for various conditions, including a back disorder, splenectomy, collapsed lung, left shoulder disorder, pelvis fracture, nerve damage of the neck, and nerve damage of the right hip. The decision found that there was insufficient evidence to establish a link between these disorders and her military service.

The Veteran's claims for service connection for neurological disabilities of the upper and lower extremities, as well as PTSD, were denied. The Board found no evidence to support these claims.

The Board has determined that the VA examination is inadequate and additional evidence is needed, including an addendum opinion addressing whether the Veteran's sleep apnea was caused or aggravated by his service-connected conditions. The RO must also attempt to obtain records from Mercy Hospital related to the Veteran's sleep apnea.

The Board has determined that additional development is necessary before the claims can be decided on their merits.

The Veteran's claims for service connection for an acquired psychiatric disorder and a low back disorder are being remanded due to the need for additional development, including obtaining medical records from his treatment providers since separation from active duty.

The Board found that the Veteran's current back condition was not incurred in service and denied his claim for service connection.

The Board found that the Veteran's claimed back disability is not related to his military service and denied his claim.

The Board found no evidence of a chronic back disability during service or within one year after separation, and the Veteran's current back disability is not etiologically related to his military service.

The Board has remanded the claims for additional development due to incomplete records and requests for private medical records.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further action.