Back / lumbar spine decisions — 2015

The Veteran's service-connected disabilities, including cervical spine degenerative disc disease without myelopathy, shell fragment wound (SFW) residuals affecting the neck, right shoulder and chest, and posttraumatic stress disorder (PTSD), preclude him from securing or following a substantially gainful occupation. As such, his TDIU claim is granted.

The Veteran's appeal for a rating in excess of 20 percent for diabetes mellitus prior to August 27, 2014 is dismissed as he has expressed satisfaction with the current rating.,The Veteran's appeal for a rating in excess of 40 percent for diabetes mellitus from August 27, 2014 is dismissed as he has expressed satisfaction with the current rating.

The Veteran's appeal for increased ratings and TDIU was granted, with a temporary total evaluation of 100% for one year following left knee replacement surgery.

The Veteran's appeal is being remanded to obtain additional medical opinions and VA treatment records. The claims for service connection for back, left shoulder, and left wrist disabilities are pending.

The Veteran's lumbar spine disability has resulted in limitation of forward flexion that more nearly approximates 30 degrees or less, but not in unfavorable ankylosis nor incapacitating episodes having a total duration of at least six weeks during a 12 month period. The Board finds the criteria for a rating of 40 percent have been met since January 14, 2014.

The Veteran's service-connected disabilities, including major depressive disorder, degenerative joint and disc disease of the lumbar spine, chondromalacia of the left knee, and left ankle sprain, precluded him from securing and following substantially gainful employment during the appeal period.

The Board has remanded the case for additional development, including a new VA spine examination and TDIU claim development. The Veteran's service connection claim for his back condition remains on appeal.

The Veteran's appeal is being remanded for additional development to address his claims of service connection for prostate, low back, and psychiatric disabilities.

The Veteran's claims for service connection have been denied as the evidence is not in equipoise and does not support a finding of service connection for any of the conditions listed.

The Veteran's depression is related to his service-connected bilateral ankle and low back disabilities, and the Board has granted service connection for this condition.

The Veteran's appeal is being remanded for additional VA medical opinions to address the severity of his service-connected right knee disability and its impact on his back and left knee disabilities, as well as an increased rating claim. The TDIU claim will also be remanded due to the inextricability with other claims.

The Board has remanded the case due to incomplete National Guard service records and outstanding VA treatment records. The Veteran's claims for lumbar disability and hypertension are pending.

The Board denied the Veteran's claims for service connection for various disabilities, including left knee disability, left ankle disability, and left hip fracture residuals. The issues of chronic headaches, cerebrovascular accident (CVA), psychiatric disability, vertigo, back disability, and right eye cataracts were also addressed.

The Board has reopened the Veteran's claim of service connection for a low back condition and, after considering all evidence, including lay statements and medical opinions, finds that there is at least an equipoise in favor of finding that his current back condition is related to his military service. As such, service connection is granted.

The Veteran's low back disability is productive of left lower extremity radiculopathy, and the Board finds it at least as likely as not that his service-connected low back disability has caused left leg radiculopathy. The Veteran is granted a 10 percent rating for left lower extremity radiculopathy.

The Veteran's appeal is being remanded due to outstanding VA treatment records and the need for updated examinations to assess his service-connected disabilities.

The Board has remanded the case for additional development, including verifying the Veteran's periods of service and obtaining updated VA treatment records. The appeal will be reconsidered after these actions.

The Veteran's appeal is being remanded to schedule him for a videoconference hearing before a Veterans Law Judge at the earliest opportunity. If he fails to appear, his pending hearing requests will be withdrawn.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board is remanding the Veteran's claims for service connection and increased rating to obtain additional medical records, complete a VA examination, and provide further development as requested.