Back / lumbar spine decisions — 2014

The Board has ordered a remand to obtain an addendum opinion from a VA examiner regarding the etiology of the Veteran's thoracolumbar strain and whether it is related to service, secondary to her service-connected IBS with GERD, or aggravated by her service-connected condition.

The Veteran's claim for an increased rating for his service-connected low back disability was denied. The Board found that the evidence did not show incapacitating episodes or unfavorable ankylosis, and thus did not meet the criteria for a higher evaluation.

The Board has determined that the Veteran's radiculopathy in both lower extremities warrants a 20 percent evaluation, reflecting moderate incomplete paralysis of the sciatic nerve.

The Veteran's right hip arthritis, left knee arthritis, and lumbar spine arthritis are all related to his service-connected residuals of partial tear of the left Achilles tendon.

The Veteran's claim for thoracolumbar DJD is granted, but his claims for right wrist carpal tunnel syndrome and other conditions are denied.,Service connection was established for thoracolumbar DJD due to in-service low back pain. The Veteran's current right wrist condition is not service-connected as there is no evidence of a current disability.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's PTSD and lumbar strain have not been rated higher than 10% for the periods specified. The appeal is mixed as some issues were granted, while others remain pending.

The Veteran's initial ratings for headaches, thoracolumbar spine disability, left lower extremity radiculopathy, and right lower extremity neuropathy have been denied as his conditions do not meet the criteria for higher ratings under applicable rating criteria.

The Veteran's right knee strain, DDD of the lower back, and cervical spondylotic changes are each rated at 10 percent. The claims for higher ratings remain denied.

The Board denied a separate compensable rating for radiculopathy of the left leg due to service-connected degenerative disc disease with facet joint arthritis and spondylosis of the lumber spine with IVDS.

The Veteran's service-connected disabilities, collectively rated at 90 percent, do not prevent him from obtaining or retaining substantially gainful employment.

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

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and the retrieval of outstanding treatment records.

The Veteran's claim for service connection for sinusitis is granted, as it was incurred during active duty service. The claims for increased rating for lumbar spondylosis and service connection for chronic pain syndrome are dismissed.

The Veteran's COPD is granted as secondary to service-connected PTSD. The appeals for headaches, hearing loss, tinnitus, a right leg disability, and a chronic back disability are dismissed.

The Veteran's degenerative disc disease and intervertebral disc disease, lumbar spine, did not meet the criteria for a higher evaluation prior to April 7, 2014, or from that date onwards. The evidence does not support an evaluation in excess of 10 percent.

The Board has ordered additional development due to the need for VA medical records and service personnel records. The Veteran's appeal will be returned to the AOJ for further consideration.

The case is being remanded for additional development, including obtaining more recent medical records and providing the Veteran with examinations to assess his current hearing loss, wrist disability, hypertension, foot bunions, and lumbar spine condition.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a low back disability. The claim is therefore denied.

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disorder and granted it, finding that new evidence raises a reasonable possibility of substantiating the claim.