Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded for further development, including obtaining his Vocational Rehabilitation file and scheduling him for a VA examination to assess the severity of his lumbosacral intervertebral disc syndrome.

The Board denied service connection for a low back disorder, finding that the current condition did not have its onset during active service or become manifest within the first post-service year and was not caused by any event, injury, or disease incurred in active service.

The Veteran's initial claim for a higher disability evaluation for degenerative disc disease and spondylosis of the lumbar spine was granted, with an effective date of December 30, 2005. The Veteran is now rated at 20 percent for this condition from that date forward. Separate evaluations of 10 percent each were assigned for right and left lower extremity radiculopathy from the same effective date.

The Veteran's lumbar strain disability was found not to meet the criteria for a higher rating prior to April 10, 2015. Since then, it has not been found to meet the criteria for a 40% rating.

The Veteran's left leg sciatica has been manifested by no more than mild incomplete paralysis, which is consistent with the currently assigned 10 percent rating. The Board finds that the schedular evaluation adequately contemplates his disability picture and does not warrant an extraschedular rating.

The Veteran has withdrawn his appeals for service connection for sleep apnea and a higher rating for low back disability. As such, the cases are dismissed.

The Veteran's claims for increased ratings prior to October 5, 2009 were denied as the evidence did not show ankylosis or marked limitation of motion in either foot.

The Veteran's low back disability is currently rated at 40 percent, but the evidence does not support a higher rating as his flexion, extension, and rotation are all within limits that do not meet criteria for a higher rating under any applicable diagnostic code.

The Board has determined that additional development is needed for the Veteran's claims, including a VA examination to assess his service-connected degenerative disc disease and whether he is unemployable due to his disabilities.

The Board has determined that the Veteran does not have a diagnosed low back disability or tailbone removal, and therefore service connection for these conditions is denied.

The Board has determined that further development is needed to determine the nature and likely etiology of the Veteran's claimed thoracolumbar spine, cervical spine, bilateral hip, and bilateral knee disabilities. The case is therefore being remanded for appropriate VA examinations.

The Board has remanded the case for additional development due to incomplete medical records and issues with range of motion testing. The Veteran's lumbar spine and left shoulder disabilities are still under review.

The Veteran's appeal is being remanded for additional examinations and development due to the need for clarification of diagnoses, etiology opinions, and consideration of aggravation by service-connected disabilities.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including obtaining VA treatment records and worker's compensation records. The Veteran will be scheduled for a VA examination to address his ED, low back disability, and bilateral knee disability.

The Veteran's service-connected residuals, post-operative left ankle fracture and lumbosacral strain have been rated at the maximum available rating of 20 percent for each condition. The Board finds that these ratings are appropriate based on the evidence showing marked limitation of motion in the left ankle and painful motion with guarding not resulting in abnormal gait or spinal contour.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar strain was not found to warrant a higher rating, while the lumbosacral degenerative disc disease with L5-S1 spondylolisthesis met criteria for a 40 percent rating from January 30, 2009. The lower extremity radiculopathy did not meet criteria for any increased ratings.

The Veteran's claim for an annual clothing allowance was denied because the back brace used for his service-connected lumbosacral strain did not tend to wear or tear his clothing, as it was worn improperly and without its rigid insert.

The Board has remanded the Veteran's claims of entitlement to service connection for lumbar and cervical spine disorders due to additional development being required.

The Board has determined that the Veteran's current degenerative arthritis of the lumbar spine and intermittent atypical chest pain are service-connected.

The Board found that the Veteran's current right shoulder disability did not have its onset during service or within a year of service separation, and is less likely than not related to any disease, injury, or incident therein.,Similarly, the Board determined that the Veteran's current low back disability did not manifest during service or within a year after service separation, and was less likely than not caused by any in-service disease, injury, or event.