Back / lumbar spine decisions — 2016

The Board has remanded the case for additional development, including obtaining a new VA opinion regarding whether the Veteran's lumbar spine disability is caused or aggravated by his service-connected bilateral residuals of frostbite of the feet.

The Veteran's claims for service connection for various conditions, including diabetes, heart disability, right knee and back disabilities, neck disability, psychiatric disability, and low energy, have been denied.,A compensable rating of 10 percent has been granted for hypertension.

The Board has found the issue of entitlement to a TDIU had been reasonably raised by the record and should be adjudicated as part of the claim on appeal. The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but based on the evidence of record, the Board concludes that the facts of this case meet the criteria for submission to VA's Director of Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment as of June 16, 2011.

The Veteran's low back disability, characterized by forward flexion limited to 60 degrees with pain and no ankylosis or other severe symptoms, does not meet the criteria for a higher evaluation.

The Board has ordered a new examination to determine if the Veteran's cervical spine, lumbar spine, right hip and right knee disabilities are related to his service. The case is being remanded for this purpose.

The Board denied the Veteran's claims for increased ratings for his low back disability and radiculopathy of the left lower extremity, finding that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claims for type 2 diabetes mellitus and lumbar spine disability were denied as there is no competent evidence linking these conditions to his service.

The Veteran's back disability is caused by his service-connected right knee disability.,The Veteran's liver disorder may be secondary to Ibuprofen use for pain management or Agent Orange exposure.

The Veteran's lumbar strain with degenerative disc disease was rated at 20 percent, and the TDIU claim was granted effective October 30, 2015.

The Board has remanded the case due to further development being needed, including verifying service dates and affording the Veteran VA examination(s). The appeal is now pending again.

The Board denied the Veteran's claim for service connection for a low back disability, as new and material evidence had not been received to reopen the claim.,Service connection was also denied for an acquired psychiatric disorder (PTSD) and deep venous thrombosis. The Veteran did not provide sufficient evidence to establish these conditions were incurred in or aggravated by his military service.,The Board found that there is no indication of any event, injury, or disease during the Veteran's period of active duty training (ACDUTRA), which precluded him from receiving presumptive service connection for these disabilities.

The Veteran's initial rating claims for lumbar spondylolisthesis and degenerative disc disease, bilateral pes planus, and left ankle disorder have been granted. The claim for a left knee disorder has been withdrawn.,Service connection was established for grade IV chondromalacia of distal left intermediate cuneiform and remote avulsion of the left anterior talofibular ligament distal fibula.

The Veteran is entitled to additional compensation for his then-wife and stepchild from October 31, 2005 through October 31, 2007 based on the combined disability rating of 30 percent.

The Board finds the Veteran is entitled to service connection for a deviated septum with recurrent sinusitis, as it was caused by an in-service occurrence. The lower back condition and PTSD claims are remanded for additional development.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for back disability, right knee disability, and left knee disability. The case is REMANDED for further development.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation since February 1, 2015.

The Veteran's lumbosacral spine disability is currently rated at 40 percent, which reflects the severity of her symptoms and functional impairment. The claim for increased ratings remains denied as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings under either the General Rating Formula or the IVDS Based on Incapacitating Episodes criteria.

The Board has reopened the claims for service connection for hearing loss, tinnitus, PTSD, right hip condition, and low back condition due to new evidence. The Veteran's alcohol abuse claim is denied as it is not a secondary result of an organic disease or disability.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of his lumbar spine disability. The claim for service connection for bilateral hip disabilities will also be considered in light of any findings regarding his lumbar spine disability.