Back / lumbar spine decisions — 2016

The Board has remanded the case for additional development, including obtaining SSA records and VA examinations.

The Veteran's claims for service connection for a tumor of the thoracic spine and low back disability, claimed as a bulging disc and degenerative disc disease are being remanded due to the need to verify his periods of active duty, inactive duty for training, and to obtain VA examinations.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting the grant of SMC based on this need.

The Veteran's appeal was denied as his claim for increased evaluations of service-connected hearing loss, low back disorder, and right knee disorder were not substantiated by the evidence presented.

The Board has ordered a remand to obtain an addendum opinion from the VA examiner regarding whether the Veteran's lumbar spine disability is aggravated by his service-connected knee disabilities. The Veteran's representative argues that the current opinion is inadequate and requests clarification on which other conditions are more likely causing his back pain.

The Veteran's appeals for higher ratings for his low back disability and for a TDIU have been dismissed due to the death of the appellant.

The Veteran's service-connected thoracic and lumbar spine disability most likely contributed to his loss of use of his feet, which meets the criteria for automobile and adaptive equipment or adaptive equipment only.

The Board has determined that the Veteran's current low back disability is not related to his active service and thus denied his claim for service connection.

The Veteran's claim for a TDIU was denied as his service-connected chronic lumbosacral strain did not meet the schedular criteria and there were no other disabilities that would allow him to qualify for an extraschedular TDIU.

The Board has granted the Veteran's claim for service connection for a right hip disability, diagnosed as osteoarthritis. The remaining issues are addressed in the REMAND that follows.

The Board has determined that the Veteran's low back disorder is not related to his military service and therefore, does not warrant service connection.

The Veteran's claims for increased evaluations of his service-connected muscle tension headaches, neurological complications of the lumbar strain with degenerative disc disease and intervertebral disc disease, radiculopathy of the lower extremities, left knee strain, right knee strain, left knee strain with degenerative arthritis, and right knee strain with degenerative arthritis have all been denied. The Veteran is currently receiving the maximum schedular evaluation for his muscle tension headaches.

The Board has granted service connection for cervical and lumbosacral spine disorders, each assigned a 10 percent disability rating, effective July 26, 2004. The right ankle claim remains on hold as it is not part of the current appeal.

The Veteran's appeals for higher ratings and entitlement to a TDIU have been withdrawn.

The Board has determined that the Veteran's lumbar spine disability and bilateral foot disability (with diabetic peripheral neuropathy) are not service-connected.

The Board has determined that the Veteran's low back condition is not related to his service, and therefore denied his claim for service connection.

The Veteran's service-connected lumbar disc herniation, L5-S1, is currently rated at 20 percent effective October 2, 2012. The appeal for higher initial ratings remains pending.

The Veteran's claims for increased ratings and service connection have been denied. The Board found no chronic orthopedic left leg disability, and the flat feet and lumbar spine conditions are rated appropriately under the applicable diagnostic codes.

The Board has determined that the Veteran's claimed back, neck, and respiratory disabilities were not incurred or aggravated during his active service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's hypertension had its onset and was shown in service. As such, the criteria for entitlement to service connection for hypertension have been met.