Back / lumbar spine decisions — 2015

The Veteran's service-connected thoracolumbar degenerative arthritis, cervical spine disability, left knee mild degenerative changes, and right knee chondromalacia have resulted in a TDIU effective June 2, 2009. The RO reduced the rating for his thoracic spine disability from 40 percent to 10 percent effective January 20, 2010, but this reduction was not proper.

The Veteran's appeal is being remanded due to the need for additional medical records and a VA examination. The issues of service connection for low back disability and an increased evaluation for anxiety disorder NOS and depressive disorder NOS are pending.

The Board has ordered additional development due to incomplete service personnel records and the need to obtain ship log entries for the USS BORIE. The Veteran's claim will be reconsidered after these records are obtained.

The Veteran's claims for effective dates prior to July 12, 2010 for the awards of service connection for lumbar and cervical spine degenerative disc disease are denied.

The Board found that there is no nexus between the current lumbar spine, left knee, lower leg skin, and foot disabilities and service. The Veteran's claims for these conditions were denied.

The Veteran's service-connected chronic lumbosacral strain is rated at 10 percent, effective October 1, 2013. The evidence does not show an improvement in the disability that would warrant a higher rating.

The Veteran's low back strain with degenerative joint disease of lumbar spine was evaluated at a 40 percent rating, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The disability did not meet criteria for higher ratings based on additional factors such as ankylosis or incapacitating episodes.

The Board has ordered additional development due to the Veteran's missed VA examinations and unclear address. The claims for reopening a service connection claim, increased rating for excoriation of the arms and legs, and a higher disability rating for lumbar spine strain with degenerative disc disease are being remanded.

The Veteran's claim for a compensable initial rating for low back strain prior to June 19, 2008, and a rating in excess of 10 percent thereafter was denied. The VA found that the evidence did not meet the criteria for a compensable or higher rating under the applicable diagnostic codes.

The Veteran's degenerative disc disease of the lumbosacral spine has not resulted in ankylosis, and therefore does not meet the criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's low back disability.

The Veteran's service-connected thoracolumbar spine scoliosis, status post lumbar spine fusion, with degenerative disc disease and arthritis, is currently rated at 20 percent. The RO denied an increased rating for this condition as the evidence did not show symptoms warranting a higher evaluation under the amended criteria.

The Board finds that the Veteran's low back disorder is related to his service, and grants entitlement to service connection.

The Board has remanded the case due to incomplete records and further development is required before a decision can be made on the service connection claims.

The Board has determined that the Veteran's lumbar spine disability warrants a 20 percent rating, effective July 2, 2007.

The Board has remanded the Veteran's claims for additional development due to incomplete information and need for clarification of opinions.

The Veteran's left ankle disorder is rated at 20% and does not meet the criteria for a higher rating due to lack of ankylosis, arthritis, or instability.,The Veteran's external hemorrhoids are currently rated as noncompensable and do not meet the criteria for a compensable rating.

The Board has determined that the Veteran does not have current hearing loss of the right ear, a back disability, a right foot disability, or a left foot disability. Therefore, service connection for these conditions is denied.

The Board has remanded the case for further development due to a lack of clarity regarding the etiology of the Veteran's current spinal disability and whether it is related to his military service.

The Veteran's cervical spine strain is currently rated at 10 percent, and her service-connected disabilities do not prevent her from obtaining or maintaining a substantially gainful occupation.