Back / lumbar spine decisions — 2015

The Veteran's appeal has been withdrawn for the issues of entitlement to increased ratings for right knee disability, left knee disability, and bilateral hearing loss. The Board is remanding the remaining claims for further development.

The Veteran's appeals for increased initial ratings for degenerative disc disease, limitation of flexion of the left hip, and limitation of abduction of the left hip have been withdrawn.

The Veteran's appeals for earlier effective dates were withdrawn. The Board has granted service connection for spondylosis and mild degenerative spurring of the lumbosacral spine, as well as sleep apnea, both found to have onset in service.

The Board has determined that the Veteran's current back disability was not incurred in or aggravated by service, and may not be presumed to have been so incurred or aggravated. The claim for tinnitus is addressed in the REMAND portion of this decision.

The Veteran's lumbar spine disability is currently rated at 60 percent disabling, the highest possible under the applicable rating criteria. The Board finds no basis to grant a higher evaluation.

The Board has decided to remand the case for additional development, including a VA examination and review of medical records.

The Board has decided to remand the Veteran's claim for service connection of a lumbar spine disability due to insufficient rationale in the medical opinions provided by his VA physician and the need for further examination.

The Veteran's thoracolumbar spine disability is not rated higher than 40 percent due to lack of ankylosis and no incapacitating episodes. The claim for a TDIU was also denied as the service-connected disabilities do not render him unable to obtain or maintain gainful employment.

The Veteran's appeals for increased ratings and service connection were denied. His back disability was not found to warrant a rating in excess of 40 percent, his scar disability did not meet the criteria for a compensable rating, and his melanoma was not related to herbicide exposure or service.

The Veteran's appeal is being remanded for additional development to address the nature and etiology of his right foot, low back, and right hip disorders. The AOJ will obtain any outstanding medical records and provide the Veteran with a VA examination to determine if these conditions are related to service.

The Veteran's appeal is being remanded for additional development, including obtaining a medical opinion regarding the relationship between his back disability and service as well as any potential secondary effects from his left ankle disability.

The Board has remanded the case due to the need for additional development, including a VA examination and review of treatment records.

The Board has ordered additional development due to outstanding VA treatment records and service personnel records. The Veteran's claims for service connection will be reconsidered after these records are obtained.

The Board has determined that the Veteran did not file a claim for service connection for PTSD prior to August 17, 2009. Therefore, an effective date earlier than August 17, 2009, for the grant of service connection for PTSD is denied.

The Veteran's claims for increased ratings of his spondylosis of the lumbar spine and patellofemoral pain syndrome, left knee were denied by the Board. The Veteran was previously granted a 20% rating for spondylosis of the lumbar spine effective February 24, 2009.

The Board has granted increased ratings for the Veteran's service-connected right knee instability, left knee instability and limitation of flexion, and low back strain with muscle spasm and occasional limitation of motion.

The Board has reopened several service connection claims and granted them, with some issues receiving staged ratings. The effective date for the award of PTSD is set at April 9, 2007.

The Board found that there is no evidence of a chronic lumbar spine disability or left ankle disability in service, and the preponderance of the evidence does not support a finding that these conditions are related to service. Therefore, the claims for service connection were denied.

The Board found that the Veteran's current mid-back contusion residuals and degeneration of the lumbar spine are not causally or etiologically related to his military service.

The Board has remanded the case for additional development, including verifying the appellant's National Guard service and obtaining relevant records from NPRC. The AOJ should also attempt to obtain any worker's compensation claim information and employment status details.