Back / lumbar spine decisions — 2016

The Veteran's service-connected lumbar spine disability requires the use of a back brace and topical pain medications that cause irreparable damage to her clothing, leading to an annual VA clothing allowance for 2014.

The Board denied the Veteran's claims for higher initial ratings for his right shoulder degenerative joint disease and lumbar strain with spondylosis, finding that the current assigned ratings were appropriate.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board has determined that the Veteran's lumbosacral spine disorders are related to his service-connected left above the ankle foot amputation residuals, and thus grants service connection for these conditions.

The Veteran's lumbar spondylosis/degenerative disc disease was found to not meet the criteria for a rating in excess of 10 percent prior to March 29, 2014 and 20 percent thereafter. The claim is denied.

The Board is remanding the case for further development, including obtaining medical records and considering entitlement to TDIU. The issue of an extraschedular rating for lumbosacral spine stenosis with disc bulges at L3-L4 and L5-S1 will be considered in conjunction with the TDIU claim.

The Veteran's claim is being remanded to determine if an extra-schedular rating for his service-connected lumbar strain, status post laminectomy, is warranted.

The Veteran's low back disability was rated at 40 percent prior to May 20, 2005 and remains at 20 percent thereafter. The issue of increased rating for the lumbar spine disability as of September 9, 2009 is on appeal.

The Board has reopened the claims of service connection for a back disability, an acquired psychiatric disability other than PTSD, and bilateral eye disabilities. The evidence received since the February 1990 rating decision is sufficient to reopen these claims.

The Veteran's claims for service connection and TDIU are being remanded due to the need for additional examinations and opinions. The issues of service connection for a back disability, an acquired psychiatric disability (including PTSD), and TDIU will be addressed after further development.

The Veteran's appeal is being remanded due to incomplete compliance with previous remand instructions and the need for additional medical opinions regarding nerve disorders.

The Board has remanded the case to obtain additional medical records and determine if new evidence supports reopening a claim for service connection of a back injury.

The Veteran's degenerative disc disease of the cervical spine is currently rated at 30 percent, which adequately compensates for her symptoms and functional impairment.

The Board has remanded the Veteran's claims for an increased rating for reflux esophagitis, lumbar spine disc disease, and bilateral pes planus due to unresolved issues.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as his employment is full-time and he has maintained it throughout the period on appeal.

The Board has determined that the Veteran's claimed left shoulder, back, and hypertension disabilities are not service-connected as there is no evidence of chronicity since service or a link between current disability and service.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is related to service, with particular emphasis on the June 2014 Reserve injury and preexisting condition aggravation.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of a right knee disorder, which is now granted. The low back disorder was also found to be related to service.,Service connection is granted for the Veteran's right hip and left hip disorders as secondary to his service-connected left knee disability.

The case is being remanded for further development as the VA examiner who examined the Veteran in December 2009 was not available to provide an addendum opinion. The AOJ should seek another VA clinician's opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claim for a back disability was incorrectly determined to be an orthopedic condition instead of a manifestation of her service-connected fibromyalgia. The effective date for the grant of service connection for fibromyalgia is now set at May 15, 2007, and she is granted an initial rating of 40%.