Back / lumbar spine Board decisions

The Board has remanded the case due to a lack of consideration of flare-ups in the evaluation, and for additional development including an examination.

The Veteran's claim for an increased rating in excess of 10 percent for lumbosacral strain is being remanded due to the inadequacy of a previous VA examination and the need for additional development, including obtaining treatment records and scheduling a new VA examination.

The Veteran's claim for a TDIU prior to January 26, 2015 was denied as the evidence did not meet the criteria for an extraschedular rating.

The Board found no evidence of a chronic sinus or low back disability during service and denied the Veteran's claims for service connection. The current sinus and low back disabilities are not linked to her military service.

The Veteran seeks an increased rating for his service-connected lumbosacral strain. The Board has ordered additional development including obtaining medical records and clarifying the cause of any aggravation due to a 2004 fall from a ladder.

The Veteran's low back disability is not service-connected, as it did not occur during his active duty or National Guard service. His bilateral sciatica and peripheral neuropathy are secondary to his low back disability.,His bilateral hearing loss and tinnitus are presumed due to exposure to noise from artillery fire during service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing a VA examination to assess the severity of his service-connected degenerative disc disease of the lumbosacral spine. The issue of entitlement to TDIU will be held in abeyance until further notice.

The Veteran's lumbar and cervical spine disabilities are granted as service-connected.,Service connection is also granted for the right and left shoulder disabilities, but their disposition remains unknown.

The Veteran's proteinuria is not considered a disability for which service connection may be granted, and he does not have a diagnosed disability related to his proteinuria. Therefore, the claim for service connection for proteinuria is denied.,Service connection for symptoms of chronic skin rashes and night sweats is granted as due to an undiagnosed illness.

The Veteran's claim for service connection for a low back disorder has been reopened due to the submission of new and material evidence.,The Veteran's claim for service connection for fatigue or memory problems, to include chronic fatigue syndrome, has also been reopened due to the submission of new and material evidence.,The Veteran's claim for service connection for restless leg syndrome has been reopened due to the submission of new and material evidence.,The Veteran's claim for service connection for any joint condition, to include fibromyalgia, has been reopened due to the submission of new and material evidence.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is related to his service, and thus grants service connection for this condition.

The Board has determined that the Veteran does not have a current cervical spine disability or lumbar spine disability. The issue of service connection for bilateral hip disability was withdrawn by the Veteran.

The Veteran's current lumbar spine disability had onset in service or was caused by or related to an injury during active service, and the Board granted her claim for service connection. The issue of entitlement to a compensable evaluation for dermatitis is remanded due to lack of a statement of the case.

The Veteran's death was attributed to 'failure to thrive', which the Board found to be a contributory cause of his service-connected lower extremity disabilities. The appeal for accrued benefits is remanded due to untimely filing.

The Board denied the Veteran's claims for service connection for a bilateral foot disorder, low back disorder, right lower extremity radiculopathy, left lower extremity radiculopathy, and an acquired psychiatric disorder, including PTSD. The Board found that there was no evidence of chronic conditions in service or within one year after separation from service.

The Board has reopened the claim for service connection of a back disability, including arthritis of the thoracolumbar spine. The Veteran's current diagnosis is arthritis of the thoracolumbar spine and he experienced chronic symptoms in service and continuous symptoms since service separation. As such, the criteria for presumptive service connection have been met.

The Veteran's appeal for service connection for bilateral shin splints has been withdrawn. The remaining issues of entitlement to service connection for a bilateral foot disorder, low back disorder, sleep apnea, an initial rating higher than 30 percent for status post nephrostomy surgery with scar, and TDIU are addressed in the REMAND portion of this decision.

The Veteran's multi-level degenerative disc and joint disease of the lumbosacral spine is rated at 60 percent, effective October 24, 2005. The Veteran also has a separate compensable rating for incontinence associated with this condition.

The Veteran's claims for higher initial ratings for cervical spine degenerative disc disease, lumbar/thoracic spine disability, hiatal hernia with gastroesophageal reflux disease, and right foot plantar fasciitis were denied. The evidence did not meet the criteria for a compensable rating in any of these cases.

The Veteran's claim for a higher rating for his gunshot wound residuals is being remanded due to the need for updated examination and treatment records.