Back / lumbar spine decisions — 2016

The Board has remanded the case for further development, including obtaining a VA spine examination and updating medical records.

The Veteran's residuals of right clavicular fracture are manifested by recurrent dislocations and do not meet the criteria for ankylosis, but they have been limited to a range of motion no more than midway between side and shoulder level. The current evaluation is appropriate.

The Board has determined that the Veteran was not on a period of authorized travel to duty in February 1964, when he claims he was struck by a car and injured. As such, his current left hip, left fibula, and left shoulder disabilities as well as his left leg lumbar radiculopathy, TBI, and headaches are not service-connected.

The Board has determined that the Veteran's back disability is not causally or etiologically related to his active duty service and therefore, denied his claim for service connection.

The Board has granted service connection for pancreatic cancer, diabetes mellitus type 2, and hypertension. The right elbow disability claim is reopened but the issue remains pending as new evidence does not establish a direct causal link to service.

The Veteran's lower back, hip, and knee disabilities are being remanded for additional medical opinions to determine their etiology. The right ankle disability is also being remanded for a new examination to assess its current severity.

The Board has remanded the case due to issues with notification of a scheduled hearing. The Veteran's current address needs to be determined and he should be notified of his upcoming hearing.

The Veteran's claim for an earlier effective date for the grant of service connection for a low back disability was denied as no communication prior to December 10, 2012 can be reasonably construed as a claim to reopen his previously denied claim. The appropriate effective date is December 10, 2012.

The Veteran's claims for service connection for a lumbosacral spine disability and right wrist disability are being remanded due to outstanding private and VA treatment records, as well as the need for an addendum opinion from the September 2014 VA examiner.

The Board granted a TDIU on a schedular basis effective from March 5, 2014.

The Veteran's lumbar spine intervertebral disc syndrome and associated right and left lower extremity radiculopathy are rated at 20 percent from February 3, 2014. The Board granted the higher ratings for these conditions.

The Board has determined that the Veteran's bilateral shoulder, left calf, left hand, left thumb, cervical spine, thoracolumbar spine, and left knee disorders are not service-connected.

The Veteran's claims for increased disability ratings are being remanded due to the need for additional examinations and compliance with examination protocols.

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

The Veteran's claims for increased ratings and service connection were denied. The Veteran's degenerative disc disease of the lumbar spine was rated at 40 percent, but not higher. His left knee disability and acid reflux were not found to be related to his service-connected disabilities.

The Veteran's lumbar spine disability was evaluated at a noncompensable (10%) rating from February 19, 2005 to February 21, 2012. The Board denied an initial evaluation in excess of 10% for the period.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease, is at least in relative equipoise with service connection. Therefore, service connection for this condition is granted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a low back disorder, including spina bifida occulta. The Veteran's currently diagnosed chronic herniated nucleus pulposus and lumbar spinal stenosis with sciatica had their onset during his period of active duty service.

The Veteran's appeal is being remanded to obtain additional medical records and an appropriate VA examination for his service-connected low back strain with degenerative disc disease. The TDIU claim may also be affected by the outcome of this rating decision.

The Veteran's need for aid and attendance of another person is established, but the RO needs to determine if his service-connected disabilities alone are sufficient to render him in need of such assistance.