Back / lumbar spine decisions — 2014

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and scheduling a new examination. The Veteran's claim of entitlement to an increased evaluation for his service-connected low back strain will be reconsidered after these actions.

The Veteran's service-connected bilateral TKA with history of chondromatosis is found to have caused secondary disabilities in his left leg, shoulders, and cervical spine. The left knee has been rated at 30 percent since June 2003.

The Veteran's appeal is denied as his claim for service connection for PTSD cannot be substantiated due to lack of a current diagnosis and no evidence linking the claimed condition to service. The claims for service connection for arthritis, DDD, hypertension, and CAD are also denied.

The Board has granted service connection for lumbar and cervical spine disabilities as secondary to service-connected prostate cancer residuals. The Veteran's combined disability picture, including the newly service-connected spinal conditions, is found to prevent substantially gainful employment.

The Veteran's claims of service connection for back and cervical spine disabilities are being remanded due to the need for a VA examination. The claim for psychiatric disability is also inextricably intertwined and will be remanded as well.

The Veteran's claim for an increased rating for chronic lumbar strain was denied as the evidence did not show that his disability warranted a higher evaluation.

The Veteran's service-connected DDD of the cervical spine is rated at 30 percent prior to April 19, 2011 due to forward flexion restricted to 15 degrees or less.

The appeal is REMANDED to obtain additional records and provide a VA examination for the TDIU claim. The Veteran's low back disability with radiculopathy alone may render her unable to secure or follow a substantially gainful occupation.

The Board found that there was clear and unmistakable error (CUE) in the June 2005 and March 2009 rating decisions, which resulted in improper disability ratings for the Veteran's knee and lumbar spine conditions. The RO then reduced these ratings to proper levels based on correct regulatory provisions.

The Veteran's right shoulder and low back disabilities have been rated based on their current functional limitations, with no higher ratings warranted due to the lack of ankylosis or incapacitating episodes. The claims are denied.

The Veteran's initial claim for higher evaluations for his service-connected degenerative joint disease, lumbar spine was granted. The current evaluation of 20 percent is maintained.

The Veteran's appeal is being remanded to schedule a Board Videoconference hearing due to her request for such.

The Board has remanded the case for additional development, including scheduling a VA examination to determine if the Veteran's current low back disability is related to his military service and for consideration of his TDIU claim.

The Board has granted service connection for low back, neck, and left knee disabilities but denied service connection for PTSD. The Veteran's current disabilities of the neck, low back, and left knee are considered to be related to his military service.

The Board denied the Veteran's claims for service connection for a bilateral foot disability and low back disability, finding that there was no evidence of chronic conditions in service or clear and unmistakable existence prior to service. The Board also found that the Veteran did not have a current disability related to his in-service exposure to cold weather and heavy lifting.

The Board has remanded the case for further development due to inadequate previous VA examinations. The Veteran's cervical spine, right knee, left knee, and right shoulder disabilities will be evaluated again.

The Board has determined that the Veteran's lumbar spine and left hip disabilities are not related to her service-connected right tibia and fibula disability, and therefore, she is not entitled to service connection for these conditions.

The Board finds that the Veteran's thoracic scoliosis is at least as likely as not incurred in service, and grants service connection for this condition. The right knee disability and thyroid disability are denied.

The Board is reopening the claim of entitlement to service connection for a low back disorder and remanding it along with other claims due to additional development needed. The Veteran's right shoulder, left shoulder, right knee, left knee, and prostatitis claims are also being considered.

The Board granted a 20 percent evaluation for degenerative disc disease of the thoracolumbar spine, effective from November 27, 2012. The Veteran's left L4 radiculopathy is separately evaluated as moderate incomplete paralysis of the sciatic nerve.