Back / lumbar spine decisions — 2015

The Board has denied the Veteran's claim to reopen his service connection for a low back disorder, finding that new and material evidence was not submitted.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of service connection for cervical spine and lumbar spine conditions. However, the claim remains denied as there is no competent medical evidence linking these conditions to service or any incident therein.

The Board has determined that the Veteran's bilateral hearing loss disability appeal is withdrawn. The lumbar spine disability claim was denied as there was no in-service incurrence or chronicity of symptoms, and arthritis did not manifest within one year of service separation.

The Board finds that the Veteran does not have a diagnosed low back disability that is attributable to service or caused by a service-connected condition. The issues of entitlement to service connection for sleep apnea and anxiety disorder, as well as an increased rating for anxiety disorder, are denied.

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

The Veteran's lumbar strain and right leg sciatica were rated at 10% prior to June 19, 2013. From that date, the disability was increased to 20%. The next higher rating of 40% is warranted due to functional loss.

The Veteran's service-connected disabilities have rendered him unemployable since October 12, 2009. The Board has granted an effective date of October 12, 2009 for the award of a TDIU rating.

The Board has determined that the Veteran's acquired psychiatric disorder and low back disorder are not related to his active military service. The claim for service connection is denied.

The Veteran's service-connected left wrist and lumbar spine disabilities have been rated based on their respective diagnostic codes, with the right and left lower extremity radiculopathy issues being addressed separately.

The Board has determined that additional medical records are needed to properly adjudicate the Veteran's claim for service connection of a low back disorder. The case is being remanded for further development.

The Veteran's right knee patellofemoral pain syndrome was granted an initial 10 percent rating from April 29, 2012 to October 1, 2014. The issue of a higher rating for his lumbar spine degenerative joint disease is addressed in the REMAND portion.

The Board has remanded the claims for additional development due to difficulties in contacting the Veteran and obtaining a VA examination. The Veteran is seeking service connection for cervical and lumbosacral spine disabilities.

The Veteran's combined rating for his service-connected disabilities is at least 100 percent from October 1, 2009. The Board granted a TDIU based on the severity of his service-connected disabilities.

The Veteran's appeal is REMANDED to the agency of original jurisdiction for further action on his claims.

The Veteran's claim for an initial rating in excess of 40 percent for the compression fracture L1, L2, and L4 of the lumbar spine was denied as there is no evidence of ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS) that would warrant a higher rating.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the right and left lower extremities are each rated at 10 percent. The claims for increased ratings are granted.

The Board has found that the Veteran's current low back disorder is not causally or etiologically related to his military service, and therefore denied his claim for service connection.

The Board has remanded the case for additional development due to inadequate rationale provided by the VA examiner in July 2014. The Veteran seeks service connection for a low back disability, but the VA examiner could not provide an opinion without resorting to speculation.

The Board found that the Veteran does not have a back disability that had its onset in active service or is related to active service, and denied the claim for service connection.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the January 2014 VA examination was inadequate, and remanded to obtain additional records and an updated examination.