Back / lumbar spine decisions — 2015

The Veteran's thoracolumbar degenerative disc disease has been granted service connection and assigned a 10 percent disability evaluation. The Board finds that an initial evaluation in excess of 20 percent is warranted based on the current evidence.

The Veteran's right knee and hip disabilities are rated at 10 percent each, effective September 2009. The Board found that the criteria for a higher rating were not met.

The Board has determined that the reduction in rating from 40 percent to 20 percent, effective December 1, 2009 to December 20, 2010, for lumbar spine disorder was improper. The criteria for entitlement to an increased rating for erectile dysfunction have not been met. The criteria for entitlement to initial ratings in excess of 10 percent prior to December 21, 2010 and in excess of 20 percent thereafter for neurogenic claudication of the bilateral lower extremities have not been met.

The Veteran's claims for service connection and initial rating for hypertension are being remanded due to the need for additional development, including verification of Persian Gulf service and obtaining relevant medical records.

The Board has determined that the Veteran does not have a current bilateral knee disorder, and therefore service connection for this condition is denied. The claims of service connection for lumbar spine disorder, genitourinary disorder, residuals of retained foreign body in right cheek, and acquired psychiatric disorder (including PTSD) are remanded for further development.

The Veteran's right foot disorder, low back disorder, and sleep apnea were not shown to be related to service. The acquired psychiatric disorder is also not linked to service.

The Veteran's bilateral hearing loss was rated at 80 percent prior to August 1, 2012, and at 90 percent as of that date. The low back disability was rated at 40 percent. Both ratings were granted.

The Board has decided to remand the case due to issues with the opinion from Dr. R.T., a negative nexus opinion, and outstanding records.

The Veteran's appeal is being remanded for additional development, including obtaining his VA vocational rehabilitation file and any relevant treatment records. The AOJ should also seek to obtain SSA records and determine whether the Veteran is entitled to TDIU.

The Veteran's initial disability ratings for degenerative disc disease of the cervical spine and radiculopathy of the left upper extremity associated with cervical spine disability have been granted, effective August 31, 2012.

The Board has remanded the case for additional development, including obtaining service treatment records and verifying claimed medical treatment. The Veteran's claims for bilateral hearing loss, tinnitus, foot disability, eye disability, and back disability will be reconsidered after all requested development is completed.

The Board has granted the Veteran's request to reopen his claim for service connection for degenerative arthritis of the cervical, thoracic, and lumbar spine. The case is now remanded for further development including a VA examination.

The Veteran's lumbar strain has been rated as 20 percent disabling since July 13, 2013. The VA examiner found that the Veteran's forward flexion was greater than 60 degrees but not greater than 85 degrees, resulting in a combined range of motion not greater than 120 degrees.

The Veteran's migraine headaches have been granted a 50% evaluation since April 10, 2014.,For the period prior to August 7, 2014, his lumbar spine disability was not manifested by ankylosis of the entire thoracolumbar spine and thus did not warrant a higher than 20% evaluation. However, beginning on August 7, 2014, he is now in receipt of a 40% evaluation for this condition.

The Board has remanded the case for additional development due to unclear etiology of the Veteran's claimed lumbar spine and right foot disabilities, as well as potential aggravation by a service-connected condition.

The Board found that the Veteran's back disability was not caused or aggravated by his service-connected left femur fracture residuals.

The Board has remanded the case for further development due to insufficient consideration of a medical opinion from Dr. Z and the need to verify his credentials and treatment records.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the right and left lower extremities are each rated at 10 percent. The claims for increased ratings were denied.,TDIU was also denied due to incarceration in connection with a felony conviction.

The Veteran's lumbar spine disability is at least as likely as not aggravated by his service-connected right knee and hip disabilities, and the Board grants service connection for this condition.

The Board finds that the Veteran's currently diagnosed syringomyelia and degenerative arthritis of the lumbar spine were not incurred in or aggravated by service. The evidence does not support a finding of continuity of symptomatology after service separation.