Back / lumbar spine decisions — 2015

The Veteran has withdrawn all remaining issues associated with his appeal, including the issue of entitlement to a higher evaluation for service-connected cervical spine disability.

The Board has determined that additional development is necessary and the appeal is REMANDED to obtain outstanding VA and private treatment records, clarify whether there are any updated records from the Penn Sleep Center, and schedule the Veteran for appropriate VA examinations to determine the nature and etiology of his claimed conditions.

The Board has determined that the Veteran does not have current diagnoses for an upper back condition, chronic fatigue, sleep apnea, hypertension, or residuals of Guillain-Barre Syndrome. Therefore, service connection for these conditions is denied.

The Board has decided to remand the case for additional development, including obtaining SSA disability and SSI records and scheduling a VA examination. The Veteran's claim of reopening his service connection for a back disorder is pending.

The Veteran's appeal is denied as his low back disability does not meet the criteria for a higher than 20 percent evaluation. His other claims are also denied.

The Board has decided to remand the case for additional development, including obtaining missing service records and scheduling a VA spine examination.

The Veteran's low back disability was rated at 10 percent for the initial rating period from June 24, 2006 to August 27, 2012. The VA examiner found that the Veteran experienced pain and limited motion but no incapacitating episodes during this period.

The Veteran's service-connected disabilities did not preclude substantially gainful employment prior to October 9, 2013.

The Veteran's claims for increased disability ratings for lumbar and cervical spine disabilities, as well as reopening of a left hip disability claim, were denied. The Board found that new evidence did not relate to unestablished facts necessary to substantiate the left hip claim.

The Board granted an initial 20 percent rating for mechanical thoracolumbar muscle strain prior to September 23, 2013, and denied the remaining issues on appeal.

The Board denied service connection for residuals of a cold weather injury to the right foot, and denied reopening and granting service connection for residuals of a cold weather injury to the left foot. Service connection was also denied for low back disorder as secondary to bilateral knee disability, but TDIU was granted.

The Veteran's lumbosacral strain is not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine less than 120 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. He also has not had incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months.

The Veteran's service-connected low back disability is not shown to meet the criteria for a higher rating, as his forward flexion of the thoracolumbar spine remains within normal limits and does not result in favorable or unfavorable ankylosis.

The Veteran's service-connected low back disability is rated at 20 percent prior to March 16, 2011 and at 40 percent thereafter.

The Board has determined that the Veteran's current left hip and low back disabilities are not related to service or service-connected conditions, and thus denied his claims for service connection.

The Veteran's degenerative disc disease of the lumbar spine is not shown to be related to service or any service-connected condition, and therefore, service connection for this disability is denied.

The Veteran's low back disability is rated at 20 percent prior to March 21, 2014, and increased to 40 percent thereafter. The claim for TDIU was denied as the service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Veteran's claims have been dismissed due to his death. No service connection decisions were made.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner and requesting outstanding medical records. The Veteran's claims for service connection are being remanded to determine if her low back disability had its onset during service or is otherwise related to service. Her claims for hammer toe of the feet and painful scars of the feet are also being remanded, as well as whether new and material evidence has been received to reopen a previous denial of service connection for a left shoulder condition.

The Veteran's service-connected chronic thoracic and lumbar strain with spasm is rated at 20 percent, which does not meet the criteria for a higher rating. The TDIU claim was granted prior to January 27, 2012.