Back / lumbar spine decisions — 2015

The Board has determined that additional development is necessary to determine the nature and etiology of the appellant's claimed conditions, including whether they are related to his service in August 1976. The case will be remanded for further action.

The Veteran's back disability has been characterized by forward flexion of the thoracolumbar spine greater than 30 degrees, no ankylosis, and without periods of acute signs and symptoms requiring bed rest prescribed by a physician and treatment by a physician. The criteria for a higher rating are not met.

The Board has determined that the Veteran's tinnitus, right hip disorder, bilateral knee osteoarthritis, and thoracolumbar spine disorder are related to his service-connected toe fractures. The claims for these conditions have been granted.

The Veteran's appeal is being remanded for a new VA spine examination to assess the current nature, extent and severity of his service-connected thoracolumbar strain. The examiner must specifically note all other symptoms not contemplated by the schedular criteria, including side effects from narcotic pain medications.

The Board has remanded the Veteran's increased rating claims for lumbar spine and right trapezius strain, as well as his SMC claim for aid and attendance at a higher level of care. The case is returned to the AOJ for further development.

The Veteran's claims for increased ratings for his left ankle and lumbar spine disabilities were denied. The initial rating of 10 percent for the left ankle sprain was upheld, as was the 0 percent rating for degenerative disc disease of the lumbar spine prior to September 21, 2011. However, a higher rating of at least 20 percent on and after September 21, 2011, for his lumbar spine disability was denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective May 7, 2013. The rating has been granted based on the severity of her chronic lumbar strain and degenerative disc disease.

The Veteran's PTSD claim was granted with an initial rating of 70 percent, effective October 4, 2011. The right lower inner lip scar and loss of teeth due to the residuals of fracture of mandible were both rated at 10 percent each. Service connection for traumatic brain injury, headaches, left heel strain, lumbosacral spine strain, esophageal cancer, and obstructive sleep apnea was granted as secondary to PTSD.

The Board found that the Veteran does not currently have a right knee disability or tinnitus, and her current diagnosed conditions are not related to her active service.,The Veteran's claims for service connection for a right knee disability and tinnitus were denied as there is no evidence of a current diagnosis.

The Board denied the Veteran's claims for service connection for hypertension and urinary incontinence, finding that there was no evidence of a chronic condition during service or within one year after separation from service. The examiner opined that the Veteran's back disability did not cause his hypertension.

The Veteran's lumbar disc disease, post-fusion L4-S1 was granted a 40 percent rating effective July 15, 2015. Service connection for degenerative disc disease C5-C6 and C7 with localized spinal stenosis and radiculopathy was established.

The Veteran's peptic ulcer disease was rated at 20% prior to June 9, 2015 and increased to 60% thereafter. His lumbosacral spine disability has been rated as 20%. The Veteran is entitled to TDIU effective August 11, 2009.

The Board denied the Veteran's claims of service connection for various disorders, including a back disorder, right and left hip disorders, bilateral lower extremity disorders, right and left foot disorders, heart attack, and strokes. The evidence did not establish that these conditions were incurred or aggravated by military service.

The Board has remanded the case for additional development, including obtaining VA and SSA records, as well as a new psychiatric examination. The issues of service connection for acquired psychiatric disability and back disability are considered 'mixed' due to reopening on new evidence.

The Board has remanded the case due to insufficient examination reports and the need for additional VA treatment records.

The Veteran's thoracolumbar spine disability is currently rated at 20 percent, and the Board finds that a higher evaluation is not warranted based on the evidence of record.

The Veteran's degenerative spondylosis of the lower back is rated at 20 percent effective September 10, 2015. The Board also granted a separate disability rating of 60 percent for lumbar radiculopathy of the right lower extremity associated with his service-connected degenerative spondylosis of the lower back.

The Veteran's appeal is being remanded to obtain missing records and order a VA examination for his psychiatric condition and lumbosacral strain.

The Veteran withdrew his appeal regarding the increased rating for right femur and petition to reopen service connection claim for low back injury.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA and private treatment records. The issue of an increased rating for radiculopathy, left lower extremity, will be addressed in a statement of the case.