Back / lumbar spine decisions — 2015

The Veteran's service-connected lumbar spine disability and radiculopathy of the right lower extremity preclude him from obtaining and maintaining any form of gainful employment.

The Board has remanded the case to the AOJ for further development, including obtaining medical records and scheduling an examination. The Veteran's claim for service connection for Graves' disease is being addressed.

The Veteran's right ankle fracture with residuals and degenerative disc disease of the lumbar spine are service-connected as secondary to his service-connected shoulder disorder.,PTSD is granted, but due to a depressive disorder with anxiety features.

The Board has granted service connection for the low back disabilities, finding that the preexisting thoracolumbar scoliosis was aggravated by service.

The Board has found that the Veteran's diagnosed back disability and irritable bowel syndrome are incurred in service, with a finding of equipoise on whether they had their onset during service or are otherwise etiologically related to his active service. The issues regarding PTSD rating and service connection for back disability and IBS have been addressed.

The Board has determined that the Veteran's osteoarthritis of the bilateral knees and degenerative joint disease of the lumbar spine were not incurred or aggravated by service, and thus denied both claims.

The Board has granted the Veteran's motion for a new hearing and has remanded the case to schedule this hearing. The claim of service connection for a low back disability remains pending.

The appeal is being remanded to obtain and associate with the claims file the Veteran's complete service personnel records, as well as any ongoing treatment records. The VA will also provide the Veteran with a VA examination to determine the origins or etiology of all current psychiatric disorders, incontinence/chronic bladder disorder, left shoulder disability, left elbow disability, bilateral knee disabilities, and low back disability.

The Board found that the severance of service connection for degenerative joint disease of the lumbar spine was not proper, as there was clear and unmistakable evidence that the Veteran's current condition did not manifest during his period of active duty.

The Veteran's neck disability was rated at 10 percent from January 25, 2011 to October 15, 2014 and at 30 percent thereafter. The appeal is granted for the higher rating.

The Board has determined that additional development is needed in this case, including obtaining updated VA medical records and service personnel records. The issues of service connection for a lumbar spine disability, nerve damage of the lower extremities, bilateral hearing loss, and right knee disability are being remanded pending completion of these tasks.

The Veteran's appeal is being remanded to obtain additional service treatment records and for further examination regarding his cervical spine, thoracolumbar spine, and foot disabilities. The issues of entitlement to service connection are pending.

The Veteran's tinnitus is found to be related to service, and the Board grants service connection for this condition. The lumbar spine DJD claim remains pending as a new examination is needed due to potential aggravation by service-connected knee conditions.

The Board has granted service connection for left knee osteoarthritis and awarded a 10 percent rating for degenerative disc disease of the lumbar spine. The Veteran's disability ratings are based on their specific manifestations, with no separate ratings assigned for pain or neurologic abnormalities.

The Veteran's low back strain with HNP was rated at 20 percent prior to November 17, 2003 and granted a higher rating of 40 percent effective from that date.

The Veteran's service-connected left lower extremity radiculopathy has been rated as 20 percent disabling since December 3, 2014.,Prior to December 3, 2014, the Veteran was granted a 20 percent rating for degenerative disc disease with intervertebral disc displacement L4-L5. Since then, he is rated at 40 percent.,The Veteran's right knee disability has been rated as 10 percent disabling since February 9, 2009 and increased to 20 percent effective December 3, 2014. The Veteran is not entitled to a higher rating for this condition.,The Veteran's left knee laxity was initially granted a 10 percent rating from February 9, 2009. Since then, he has been rated at 10 percent.

The Board has remanded the claims for further development due to incomplete medical opinions and additional evidence being added to the record.

The Veteran's claims for increased ratings for his lumbar spine, left knee, and right knee disabilities were denied by the Board of Veterans' Appeals.

The Board denied service connection for a left hip disability, finding that there is no current diagnosis of such a condition and that any symptoms are related to the Veteran's service-connected thoracolumbar spine disability.

The Veteran has withdrawn her appeals for all issues, and the appeal is dismissed.