Back / lumbar spine decisions — 2016

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for headaches. The Veteran's current migraine headaches had their onset in service, and are therefore service connected. Service connection is also granted for a lumbar spine disability as secondary to his service-connected knee disabilities. However, there is no evidence linking the Veteran's sinusitis to service.

The Veteran's service-connected lumbosacral spine disorder was rated at 10 percent prior to August 5, 2015, and increased to 40 percent thereafter. The peripheral neuropathy of the lower extremities were not found to warrant higher ratings.

The Board has granted the Veteran's claims to reopen service connection for degenerative disk disease of the lumbar spine with spondylolisthesis and hearing loss. The issues of entitlement to an initial compensable rating for gastroesophageal reflux disease (GERD) are addressed in the REMAND portion of this decision.

The Board has determined that the Veteran does not have a current testicular disability, and thus service connection for this condition is denied. The low back and right shoulder disabilities are also found to be unrelated to service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection of a low back disability and right knee injury. The case will be remanded for further action.

The Board has remanded the case due to inadequate examinations and the need for further development of the Veteran's claims.

The Board has determined that the Veteran's back disability is not related to his active service or a service-connected condition, and thus denied his claim for service connection. The issue of financial assistance for an automobile and adaptive equipment was also denied.

The Veteran's initial claims for service connection were received by VA less than one year after he separated from active service, and the disabilities originated while he was serving on active duty. The effective date of the awards is set to October 1, 2006.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA spine examination.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disability. The Veteran's low back disability was not incurred in or aggravated by service, and arthritis is not presumed to have been incurred therein. The right knee disability did not manifest in service and is otherwise unrelated to service.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and a VA examination to determine his eligibility for special monthly compensation based on aid and attendance.

The Veteran's claim for a TDIU prior to May 21, 2013 was granted due to his service-connected disabilities preventing him from securing and following substantially gainful employment. The hearing loss disability remains noncompensable.

The Board has determined that the evidence is in equipoise on all material elements of the claim, and thus service connection for a low back condition manifested by lumbar disc disease, dextroscoliosis, and back strain with left lower extremity radicular pain is granted.

The Board has ordered a new examination to determine if the Veteran's lumbar spine disability is related to service, manifested within one year of service, or caused by his service-connected bilateral foot and right ankle disabilities. The appeal will be remanded for these determinations.

The Board has determined that the Veteran's current lumbar spine disability is not related to his active service or his service-connected bilateral shin splints, and therefore denied his claim for service connection.

The Board finds that the Veteran's current back disability, including her tailbone injury during service, is not related to her military service and therefore denies her claim for service connection.

The Veteran's claims for increased ratings for lumbar DDD and DJD, as well as sciatic radiculopathy of the right lower extremity, were denied. The initial rating assigned was not in excess of what was warranted based on the evidence.

The Veteran's service-connected disabilities, including PTSD and orthopedic conditions, have rendered him unable to secure or maintain gainful employment since February 10, 2011. The Board has granted a TDIU rating from that date.

The Veteran's lumbar spine disability is currently evaluated at 20 percent disabling for the entire appeal period, with limitation of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. The criteria for a higher rating are not met or nearly approximated.

The Veteran's appeal is being remanded for additional development, including a new VA examination to comply with Correia v. McDonald and obtain any recent treatment records.