Back / lumbar spine Board decisions

The Board found that the Veteran's back disorder is not proximately due to or aggravated by his service-connected bilateral knee disability.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records, as well as any outstanding SSA records. The AOJ will issue an SSOC on the issues of service connection for xerosis cutis, higher ratings for right elbow supination/pronation impairment, left elbow supination/pronation impairment, scars (x3) status post-right knee surgery, carpal tunnel syndrome of the right wrist, entitlement to a TDIU rating, and waiver of recovery of an overpayment of disability compensation benefits.

The Veteran's appeal is being remanded for additional examinations and development of his claims due to the age of his last VA examination.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine and radiculopathy of the right lower extremity are rated at their maximum schedular ratings, with tinnitus receiving a separate initial rating. The hearing loss claim is not addressed in this decision.

The Board has determined that the evidence is in equipoise as to whether the Veteran's lumbar spine and left knee conditions are related to service, leading to a grant of service connection for these conditions.

The Board has determined that the Veteran's current back, right knee, left knee, and burn to the hand conditions are related to his in-service combat injuries. As a result, service connection is granted for all four conditions.

The Board has granted service connection for cervical spondylosis with foraminal stenosis and for rotator cuff tendonitis and subsequent osteoarthritis of the left shoulder. The claim for respiratory disability, to include COPD, was withdrawn by the Veteran.

The Veteran's appeal for an initial rating in excess of 10 percent for thoracolumbar spondylosis with compression fracture of T9-T10 and anterolisthesis of L5, as well as the earlier effective date establishing service connection for this condition, has been dismissed due to his withdrawal.

The Veteran's claim seeking a separate compensable rating for neurological manifestations of DDD of the lumbar spine was denied by the Board. The VA examiner found no evidence of separately compensable neurological abnormalities in the right lower extremity associated with the service-connected lumbar spine disorder.

The Board has ordered additional development due to the need for VA and private medical records, including those from the United States Postal Service. The Veteran's claim for service connection for a lumbar disorder with associated radiculopathy and sciatica is being remanded for further action.

The Board granted a rating of 20 percent for the Veteran's lumbosacral spine DDD, effective from June 2013. The appeal regarding entitlement to TDIU on an extraschedular basis is addressed in the REMAND portion.

The Veteran's special separation benefits were properly recouped from his VA disability compensation, as the law requires. The appeal is denied.

The Board has denied the Veteran's claims for service connection for a low back disorder and right hip condition. The Veteran is currently without a statement of the case on these issues, which requires remand.

The VA determined that the Veteran's current low back disorder is not related to his service, as there was no evidence of chronicity or continuity of symptoms since service.

The Veteran's back disability was evaluated at 20 percent from May 23, 2008 to February 4, 2014. The Board found that the evidence did not support a higher evaluation as her flexion was not limited to 30 degrees or less.

The Veteran's claims for higher initial ratings for cervical and thoracolumbar strain have been granted, with a rating of 20 percent each. The claim for service connection for an acquired psychiatric disorder is pending, as are the TDIU claims.

The Board denied the Veteran's claims to reopen his service connection for cervical and lumbar spine disorders due to lack of new and material evidence.

The Veteran's appeal was dismissed due to his death. No decisions were made on the merits of any claims.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examination and notification. The claims are being returned to the AOJ for further development.

The Veteran's bilateral hearing loss disability is found to have originated during his period of active duty and service connection is granted.