Back / lumbar spine decisions — 2016

The Veteran's lumbosacral strain results in pain and stiffness, but her symptoms do not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's low back strain was found to not warrant a rating in excess of 10 percent prior to May 19, 2010 and denied for a rating in excess of 20 percent beginning May 19, 2010.

The Board has remanded the case for additional development due to the need for VA treatment records, including from Dr. Andjuar at the San Juan VAMC.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination and addressing the issues of service connection and TDIU.

The Veteran's lumbosacral strain has not resulted in forward flexion less than 61 degrees, a combined range of motion less than 121 degrees, or an abnormal gait or spinal contour. Therefore, the claim for a higher rating is denied.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection for low back and right hip conditions, including as secondary to a service-connected disability.

The Veteran's service-connected disabilities, including prostate cancer, PTSD, and peripheral neuropathy, render him unable to secure or follow substantially gainful employment.

The Veteran's low back disorder had its onset in service and is granted service connection. The issues of entitlement to an initial compensable rating for erectile dysfunction, and entitlement to an initial rating in excess of 70 percent prior to January 23, 2013 are remanded.

The Veteran's radiculopathy of the left and right lower extremities are rated at least moderately severe, warranting a TDIU for the period since April 6, 2015.

The Veteran seeks service connection for a lumbar spine disability, which he claims is secondary to his service-connected residual scar of gunshot wound of the right scar and/or right hip and knee degenerative joint disease (DJD). The Board has ordered a new examination to determine if the lumbar spine disability is caused or aggravated by these service-connected conditions.

The Board has determined that the effective date for service connection of degenerative arthritis of the thoracolumbar spine with posttraumatic arthrosis of the right sacroiliac joint is August 31, 2001.

The Board denied the Veteran's claims for service connection in various issues, including left hand nerve damage, sleep apnea, right hip disability, gastrointestinal disorder, neck disability, and low back disability. The appeals were not granted.

The Board has reopened the Veteran's claims of service connection for a back disability, sleep apnea, and hypertension. The evidence received since the previous denials is new and material, and sufficient to reopen these claims.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a finding of active, chronic Lyme disease warranting a 100% rating and denied an increased rating for patellofemoral syndrome of both knees.

The Board has found that the Veteran's lumbar spine disability is related to service, specifically as a result of the August 1963 documented back injury. However, due to lack of VA treatment records and private treatment records prior to 2006, additional steps are required for remand.

The Board has determined that further development is needed for the Veteran's claims, including obtaining missing documents and VA treatment records, as well as SSA disability benefits records. The Veteran will be scheduled for a VA examination to determine if he suffers from current bilateral arm, knee, lumbar spine, hepatitis C, and skin conditions.

The Veteran's lumbar spine disability was initially granted with a 10% rating effective October 17, 2008. The RO has since increased the rating to 20%, 40%, and 20% for different periods of time.

The Board denied the Veteran's claims of service connection for gout, hypertension, and cramping in arms and legs. The claim for lumbar spine degenerative changes was not reopened due to lack of new and material evidence.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the Veteran's cervical spine disorder and radiculopathy. The case will be returned for further adjudication.