Back / lumbar spine decisions — 2016

The Veteran's lumbar spine disability is rated at 40 percent, and his left ankle disability is rated at 20 percent. The claims for extraschedular ratings and TDIU are addressed in the REMAND portion of this decision.

The Board has determined that the Veteran does not have a back disability that was caused by service, and therefore denied her claim for service connection.

Service connection for a low back disorder is denied as the evidence does not establish that it was incurred in or aggravated by service.,Service connection for an acquired psychiatric disorder, specifically anxiety disorder, is granted based on continuity of symptomatology since service separation.

The Veteran's claim for a higher rating for her service-connected lumbar spine disability was denied, as the evidence did not show ankylosis or other criteria warranting a higher rating. Separate ratings for lower extremity radiculopathy were also denied.

The Board has decided to remand the case for additional development, including obtaining a medical opinion and identifying any outstanding VA and non-VA treatment records.

The Veteran's lumbar spine disability was evaluated and found not to meet the criteria for a higher rating, and his TDIU claim was granted. Separate ratings were denied.

The Veteran's claimed joint pain, calcaneal spurs, bilateral degenerative joint disease of the first metatarsophalangeal joints, knee strain and right elbow epicondylitis are not shown to be causally or etiologically related to his military service. The Board finds that these conditions were diagnosed after discharge from service.

The Veteran's left knee chondromalacia has been rated at 20 percent since November 1992. The Board finds that the evidence does not support a higher rating for this condition.

The Board found that a chronic thoracolumbar spine disability was neither incurred in nor aggravated by service and denied the claim. The acquired psychiatric disability, including PTSD and MDD, is also denied as there is no evidence of a nexus to service.

The Board has remanded the case due to the need for a videoconference hearing and the issuance of an SOC on the issues of service connection for PTSD, lumbosacral spine disorder, and bilateral hearing loss.

The Board has reopened the claim of service connection for a back disability and granted it, finding that new and material evidence had been received to support the claim. The Veteran's current back disabilities are related to his military service.

The Veteran's lumbosacral spondylosis with disk protrusion and right leg sciatica are currently rated at 10 percent each, but the Board finds no basis to grant higher ratings under the applicable rating criteria.

The Board has determined, based on the probative evidence of record, that the Veteran's low back disability had its onset during his active service and grants service connection for a low back disability.

The Veteran's appeal is being remanded for additional development, including new VA examinations of his hearing loss and lumbar spine disability. The case will be reviewed by the RO after this development.

The Veteran's claims for higher ratings for lumbar spondylosis with intervertebral disc syndrome, radiculopathy of the right sciatic nerve, osteoarthritis of the right knee, and right knee instability are being remanded due to outstanding VA treatment records potentially pertinent to these matters.

The Board has determined that the Veteran's claimed disabilities are not related to service and have denied his claims for service connection.

The Board has remanded the case due to a scheduling issue for a videoconference hearing. The Veteran's claim is still pending and will be reconsidered after the hearing.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of her service-connected low back disability and completion of a VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability). The TDIU claim is intertwined with the claim for a higher rating for the low back disability.

The Board has ordered a new VA examination to determine the nature and etiology of any currently diagnosed low back disability and left foot disability, as these claims are related to service-connected right knee disability. The Veteran's claims for secondary service connection will be reconsidered after the examinations.

The Veteran has withdrawn his appeal, thus the case is dismissed.