Back / lumbar spine decisions — 2016

The Board has remanded the claims for additional development due to non-delivery of supplemental statements of the case and new VA treatment records added since the last issuance.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to his military service.

The Veteran's claims for increased ratings for his service-connected disabilities have been denied. The VA has not provided a rating in excess of the current assigned disability ratings.,The Veteran's thoracolumbar spine, left ankle, right knee with degenerative changes, and left knee conditions do not meet or approximate criteria warranting a higher rating.

The Board denied the Veteran's claims for service connection for hepatitis C, rash on penis (claimed as genital herpes), circumcision of phimosis due to venereal warts, penis, osteophytes in the lumbar spine, depression, and PTSD.

The Veteran has withdrawn his appeals for the ratings in excess of 10 percent for right knee patellofemoral pain syndrome and for status post lumbar laminectomy and discectomy of L5-S1 with chronic pain syndrome and right leg radiculopathy, excluding periods of temporary 100 percent ratings.

The Board has determined that the Veteran's service-connected conditions do not warrant a compensable evaluation, and his claims for other conditions are denied.

The Veteran's claim for an initial rating in excess of 40 percent for L5-S1 degenerative disc disease is being remanded due to the need for updated VA treatment records and a new VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated examination reports and an addendum opinion regarding his service-connected left knee disabilities and their relationship to his right knee and low back conditions.

The Board has granted a 60 percent rating for the Veteran's lumbar spine injury prior to December 29, 2010 and denied any higher ratings thereafter. The TDIU claim is also granted.

The Veteran's thoracic spine disability is currently rated as 20 percent disabling, and the Board finds no basis for a higher rating based on current evidence of record.

The Board has remanded the case for additional development due to an inability to conduct a requested examination at the Veteran's preferred location.

The Veteran's appeal is denied as the claim for an increased rating for left ankle degenerative changes was not granted, and service connection for cervical spine degenerative changes (claimed as neck condition), right shoulder rotator cuff tear (claimed as right shoulder condition), and thoracolumbar spine intervertebral disc disease/degenerative changes (claimed as back condition) were also denied.

The Board found that the Veteran's calluses on his feet did not develop as a result of service and were not related to any incident during his military service. The lumbar spine disorder was also determined not to have developed due to service, either within one year of discharge or as a direct result of service.

The Veteran's appeal is being remanded to schedule a hearing at the RO for issues related to service connection and vocational rehabilitation and education services. The original claim was not about these specific issues.

The Board found no evidence of a chronic back disability in service or within the presumptive period post-service, and concluded that any current back disability is less likely related to service.

The Board has determined that the Veteran's current left knee and low back disorders are not related to his active service, and thus denied these claims.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a low back disorder. The Veteran's statements, including his testimony at the June 2013 Board hearing, provided additional information regarding his low back disorder but did not establish a nexus between his current condition and military service.

The Board has denied the Veteran's claims of service connection for a lumbar spine disorder and cervical spine disorder. The claim for lumbar spine disorder was previously denied, and new evidence did not raise a reasonable possibility of substantiating the claim. For the cervical spine disorder, there is no indication that it began during or was caused by active service.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Veteran's appeal is being remanded due to the need to obtain additional medical records and conduct further examinations. The claims for service connection, increased ratings, and other issues will be reconsidered after these actions.