Back / lumbar spine decisions — 2014

The Board has reopened the Veteran's claims for service connection for right hand and low back disabilities, but remanded the underlying issues to the AOJ due to procedural issues. The Veteran's left hand disability is already in effect.

The Veteran's low back disability was granted service connection with a rating of 10 percent effective June 19, 2006. Service connection for left and right lower extremity radiculopathy were also granted based on clear and unmistakable error (CUE) with ratings of 20 percent effective May 30, 2012.

The Board has determined that the Veteran's low back disorder is related to service, and his peripheral neuropathy of both lower extremities are also found to be related to service. The appeal for these issues is granted.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by service and denied his claim.

The Board has determined that the Veteran's service-connected lumbar spondylosis and lumbar degenerative disc disease do not warrant an evaluation in excess of 40 percent, as his disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Veteran's post-operative right lower extremity numbness and pain following right total knee arthroplasty in May 2007 is not additional disability that is the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA health care providers who provided treatment.

The Board has remanded the case for additional development, including obtaining an addendum VA opinion regarding whether diagnosed neurologic abnormalities are permanently worsened by service-connected low back strain. The claim for HIV positive/AIDS is also being remanded due to a lack of issuance of a Statement of the Case (SOC).

The Veteran's traumatic brain injury and obstructive sleep apnea are found to be service-connected. The PTSD is assigned a 50% disability rating, the left knee and right knee conditions are each rated at 10%, the shoulder strains are not service-connected, the wrist condition does not meet criteria for a higher rating, the spine strain is rated at 10%, the ankle strains do not warrant a higher rating, the hiatal hernia with GERD is rated at 10%, and the headaches are assigned a 30% disability rating. The Veteran's hypertension, DVT, restless leg syndrome, IBS, erectile dysfunction, and hypertensive cardiovascular disease are each rated at 10%.

The Veteran's post hernia surgical scar is not rated as painful or unstable, and thus does not meet the criteria for a compensable rating.,The Veteran's low back disability is at least as likely as not related to his active service.

The Board has remanded the Veteran's claims due to additional evidence received since the last decision. The claims will be reviewed again by the RO.

The Veteran's claims for increased evaluations of his service-connected lumbar spine, left knee, and right knee disabilities were denied. The Board found that the evidence did not meet the criteria for a higher evaluation in any of these conditions.

The Veteran's claim for a higher rating for his lumbar spine disability was denied, and the claim for an earlier effective date for his chloracne rating was also denied. The Board found that the evidence did not support granting a higher rating than 20% for the lumbar spine disability or any earlier effective date for the chloracne.

The Board found that the Veteran's currently manifest cervical spine disability did not have its onset in service and is not otherwise related to his period of active duty, including the in-service fall off a truck. The most probative evidence shows that the Veteran's current condition was likely due to age-related degenerative change.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's current low back disability was incurred during active service, and thus grants service connection for a low back disability.

The Veteran's appeal is being remanded for additional development, including obtaining STRs and VA examinations to address his claims.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of the record.

The Board has reopened the Veteran's claims of service connection for lumbar spine and cervical spine disabilities due to new evidence received. The claims are granted.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for lumbar strain. The Veteran's claim will be further adjudicated on the merits.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and conducting VA examinations to determine the nature and etiology of any psychiatric disorder and back disorder.

The Board has granted service connection for cervical spine degenerative disc and joint disease, headaches (claimed as loss of consciousness), but denied service connection for a left elbow disorder. The lumbar spine disorder is currently under consideration in the REMAND portion.