Back / lumbar spine decisions — 2016

The Board found that the Veteran's current cervical spine disability was not incurred in or due to her active duty service, including an alleged in-service motor vehicle accident. The claim for service connection is therefore denied.

The Board has granted a 40 percent disability rating for the Veteran's lumbosacral strain since August 20, 2015. The effective date of this decision is August 20, 2015.

The Veteran's DJD of the bilateral shoulders is granted service connection. The Veteran's DJD of the lumbar spine is granted a rating of 20 percent as of July 3, 2014.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Veteran's claim for service connection for a low back disability was reopened and granted with an effective date of September 15, 2011. Her claim for TBI residuals was also granted with the same effective date.

The Veteran's service connection for PTSD and low back disability was granted effective June 7, 2012. The initial rating of 40 percent for the low back disability is granted.

The Board has determined that a VA examination is needed to determine if the Veteran's low back disorder is related to his military service, and whether it is secondary to his service-connected neck disorder or peri-patellar bursitis of the left knee. The case will be remanded for these actions.

The Board has remanded the case for further development and a new hearing, as the VLJ who chaired the Veteran's previous hearing is no longer with the Board.

The Board has remanded the case for further development, including obtaining an opinion from a VA podiatrist regarding the Veteran's right foot disability and scheduling him for a VA examination to determine the current severity of his service-connected kidney stone disorder.

The Board denied the Veteran's claims for increased ratings for his service-connected degenerative joint disease with low back strain, right knee osteoarthritis with limitation of flexion, and right knee osteoarthritis with limitation of extension. The evidence did not support granting higher disability ratings.

The Veteran's low back disability is currently rated at 20 percent, and his peripheral neuropathy of the lower extremities are each rated at 30 percent. The Board finds that these ratings adequately reflect the severity of the disabilities.

The Board found that the Veteran's DJD of the lumbar spine was not incurred or aggravated in service and is not related to his service-connected bilateral knee disability. The claim for service connection was denied.

The Board has granted service connection for a lumbar spine disability and a right shoulder disability. The Veteran's claims for other conditions are pending.

The case is being remanded for further development to determine the current severity of the Veteran's service-connected low back disability, including any functional loss due to pain.

The Veteran seeks service connection for a spine disorder, which he asserts was caused by an in-service fall and heavy lifting. The case is being remanded to attempt to locate the Veteran's service treatment records at a Philadelphia warehouse and obtain his unit history records from the First Battalion Ninth Marines, First Marine Division.

The Board has granted service connection for degenerative osteoarthritis and degenerative disc disease of the lumbar spine. The Veteran's sinus condition, right and left shin splints are still pending issues.

The Veteran's lumbar disc disease was rated at 20 percent prior to November 12, 2014, and increased to 40 percent from that date. The rating for his right lower extremity radiculopathy remains at 10 percent.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled video hearing. He has requested hearings on multiple occasions, and the Board finds this represents good cause for his absence.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a positive tuberculosis test or low back disability. The claim for left ear hearing loss disability is not established as there is no competent and probative evidence linking it to service.