Back / lumbar spine decisions — 2015

The Board has decided to remand the case due to the need for additional development and examination regarding the Veteran's low back condition.

The Veteran's claim for an initial evaluation of 20% prior to September 25, 2010, and 10% from that date for degenerative joint disease of the thoracic spine with low back pain/strain is being remanded due to the need for additional examination and development.

The Board has remanded the case for additional development, including obtaining medical opinions and arranging for VA examinations to determine the nature and etiology of the Veteran's low back condition and the current level of impairment related to his service-connected TBI.

The Board has remanded the case for further development, including scheduling a Travel Board hearing. The appellant's appeal is about his claim for service connection for a low back disability with an associated leg condition.

The Veteran's claims for diabetes mellitus, type II, subluxation of L4 (lumbar spine disability), right knee osteoarthritis, and left knee osteoarthritis were all denied as they are not related to military service.,All conditions first manifested years after service and are unrelated to military service; none are caused or aggravated by service-connected hypothyroidism and Hashimoto's thyroiditis.

The Board found that the Veteran's left lower extremity radiculopathy was not caused by a delay in VA medical treatment, and denied his claims for service connection of residuals of injury to the back and wrists.

The Board denied the Veteran's petition to reopen his claim for service connection for an acquired psychiatric disorder other than PTSD and denied his claim for service connection for hip complaints/degenerative disc disease of the hips.

The Veteran's low back disability, diagnosed as degenerative disc disease of the lumbar spine, was found to warrant a rating of 20 percent prior to July 18, 2006. The effective date for this increased rating remains pending.

The Veteran's claims for higher ratings for his lumbar spine disability and right wrist CTS were granted, with the lumbar spine disability receiving a maximum schedular rating of 40 percent effective February 10, 2009. The right wrist CTS received a maximum schedular rating of 30 percent effective August 1, 2012.

The Veteran's claims for service connection and increased ratings have been granted. The rating for the right fourth finger has been restored to 10 percent effective January 1, 2013, and a compensable rating for umbilical hernia has also been granted.

The Board has determined that the Veteran's cervical spine disorder, including degenerative disc disease and stenosis, is at least as likely as not caused by his leg length discrepancy resulting from a service-connected right tibia fracture. As such, the claim for secondary service connection is granted.

The Board has determined that the Veteran's current back disability is related to an in-service injury and has granted service connection for this condition.

The Board has remanded the Veteran's TDIU claim due to inconsistencies in the August 2013 VA examination report and a need for further medical evaluation.

The Board denied the Veteran's claims for increased ratings for her lumbar spine disability, right lower extremity radiculopathy, and left knee patellofemoral syndrome. The TDIU claim was also denied as it pertained to a period prior to September 15, 2014.

The Board denied the Veteran's request for a rating in excess of 10 percent for her low back disability and found that new and material evidence had not been submitted to reopen her claim of service connection for an acquired psychiatric disorder. The effective date is not specified.

The Veteran's cervical spine and lumbar spine disabilities have not resulted in any incapacitating episodes, so they are evaluated under the General Rating Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as her range of motion has been stable throughout the appeal period.,For left lower extremity radiculopathy, the Veteran is already service-connected and no separate ratings are warranted due to lack of associated neurologic abnormalities in other extremities.

The Board has ordered additional development due to the need for clarification of the Veteran's claims, including a review of his medical records and an examination by VA doctors.

The Veteran withdrew her appeal regarding the claims of entitlement to service connection for neurology problems exclusive of fibromyalgia symptoms, bilateral hearing loss disability, and fibrocystic breast disease prior to the Board's decision.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's lumbar strain and dysthymic disorder are related to service.

The Veteran's DJD of the lumbosacral spine was initially rated at 10 percent prior to August 7, 2010. A compensable rating (10 percent) for migraine headaches has been granted.