Back / lumbar spine decisions — 2015

The Board finds that the Veteran's claims for service connection for residuals of a shrapnel wound, lumbar spine disorder, and hypertension are not supported by the evidence. The preponderance of the evidence is against these claims.

The Veteran's lumbosacral strain has been rated at 20 percent since January 7, 2012. The Board found that the current rating criteria are appropriate in evaluating his disability.

The Veteran's claims for higher initial ratings for degenerative disc disease of the thoracic and lumbar spine, and residuals of left wrist strain with a history of fracture are being remanded due to incomplete records. The VA is instructed to obtain all outstanding treatment records from various facilities and any vocational rehabilitation records.

The Veteran is found to be unemployable due to service-connected disabilities beginning April 26, 2013. The TDIU claim prior to this date is referred for extraschedular consideration.

The Board has granted the Veteran's petition to reopen his service connection claim for a lumbar spine disability. The left hand disability claim remains denied.

The Board has denied the Veteran's claims for service connection for right leg, low back, and right foot, ankle, or knee disabilities as well as chronic prostatitis due to herbicide exposure.,Service connection was not granted for any of these conditions.

The Veteran's appeals have been withdrawn by his representative.

The Veteran's service-connected cervical spine disability, right knee gunshot wound residuals, and left knee gunshot wound residuals were all granted initial ratings. However, the Veteran did not receive higher initial ratings for his cervical spine disability or right knee gunshot wound residuals.

The Veteran's appeal has been withdrawn due to his total disability rating based on individual unemployability.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining SSA records and updated VA/privately obtained treatment records.

The Board has granted the Veteran's claim for service connection for anxiety disorder as secondary to his service-connected lumbar spine degenerative disc disease. The issue of an initial rating in excess of 10 percent for lumbar spine degenerative disc disease is remanded.

The Veteran's service-connected lumbar degenerative disc disease has been rated at 10 percent prior to September 19, 2013, and at 20 percent thereafter. The Board finds that a higher rating is not warranted.

The Veteran's lumbar spine disability is rated at 40 percent since January 25, 2014. The appeal for higher ratings or service connection was granted.

The Board has reopened the Veteran's claim for service connection for back disability and granted it, finding new and material evidence. The psychiatric claim is not addressed as it was recharacterized to include PTSD, depression, and anxiety.

The Board has determined that a VA examination is needed to determine the nature and etiology of any diagnosed lower back disability, as the June 2011 VA examination report was incomplete. The Veteran's service medical records indicate complaints of low back pain during service, and his statements regarding continuity of symptomatology after service are also considered.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the Veteran for VA examinations to assess his back and sinus disorders.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the Board finds that this rating adequately reflects his current functional impairment.

The Board has found that the Veteran's cervical degenerative changes are at least as likely as not related to his military service, warranting service connection. The remaining claims for bilateral knee and shoulder conditions, back condition, and sleep apnea require additional development.

The Veteran's claims for service connection for a back disorder and coronary artery disease are being remanded due to the need for additional development, including obtaining updated VA treatment records and private treatment records. A VA examination is also required to determine if these conditions had onset in service or are otherwise related to his military service.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his low back pain with pseudoarthrosis, L5-S1. Any outstanding medical records relevant to the claim on appeal should be requested prior to examination.