Back / lumbar spine decisions — 2016

The Board has found that the Veteran's current diagnosis of degenerative disc disease of the cervical spine is related to his in-service neck injury, and affords him the benefit of doubt.

The Board has ordered a remand to obtain updated medical records and conduct further examinations to determine the nature of the Veteran's low back disability, its etiology, and whether it is related to service.

The Veteran's low back disability is related to his military service, and he has right ankle arthritis that is also related to his service. The Veteran's right knee disability requires further examination as it may be aggravated by other conditions.,The Veteran's bilateral pes planus condition does not require any specific theory of service connection.

The Veteran's appeal was granted for service connection and initial evaluations for various conditions, with the exception of PTSD prior to October 20, 2015. The right great toe disability is rated at 20 percent, while the low back disability remains at 10 percent.

The Board has determined that the Veteran's service connection claims for bilateral hearing loss, left hand and ring finger disorder, heart murmur, bilateral knee disorder, bronchitis, and low back disorder are all denied as they do not meet the criteria for service connection under the applicable laws and regulations.

The Veteran's appeal has been withdrawn due to his request for withdrawal of all issues on appeal.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for an initial evaluation in excess of 20 percent for thoracolumbar strain with degenerative arthritis or cervical spine strain with degenerative changes.

The Veteran's low back disability was rated at 40 percent effective November 23, 2011. He also received a TDIU effective that date.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain was denied as his condition did not meet the criteria for ankylosis, and he retained some range of motion despite significant pain. The issue of entitlement to a separate compensable rating for left lower extremity radiculopathy is remanded.

The Board denied the Veteran's claims for service connection for various conditions, including sleep apnea, obesity, skin disability, low back and neck disabilities, Meniere's disease, heart disability, emphysema, PTSD, bronchitis, genitourinary disability, acid peptic disease, eye infections, and hypertension.

The Board has determined that there is no current evidence of a low back disorder or chronic headache disorder (migraines) incurred in service. The Veteran's left knee and left ankle disorders are not shown to be related to her period of active duty.

The Veteran requested to withdraw his appeal regarding the issues of whether new and material evidence has been received to reopen the claims for service connection for degenerative disc disease of the lumbar spine and a right knee disability, as well as the claims of entitlement to service connection for right shoulder, left knee, bilateral leg, and right ankle disabilities. As such, these issues are dismissed.

The Veteran's claim for a temporary total evaluation based on post-surgical convalescence following lumbar spine surgery in November 2005 was denied because the claim was not timely filed, as it was received more than one year after the surgery.

The Board has determined that a new examination is needed for the Veteran's degenerative disc disease of the lumbar spine and that efforts should be made to obtain private treatment records related to his Wolff-Parkinson White syndrome. The appeal will be remanded for these actions.

The Veteran's claims for service connection, increased ratings, and TDIU were denied. The right knee disorder was rated as 10% prior to May 26, 2010 and from that date onwards. The low back disorder was not rated higher than 10%. Extraschedular ratings were also denied.

The Veteran's service-connected lumbar spine disability and left lower extremity radiculopathy provide a greater benefit than nonservice-connected pension, so the claim for NSC pension benefits is dismissed.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing due to his homelessness and relocation issues.

The Board has determined that additional development is needed before the claims can be decided, including obtaining SSA records and scheduling a new VA examination.

The Board has granted a 20 percent rating for the Veteran's service-connected lumbar spine disability, effective from October 8, 2011.

The Veteran's claim of service connection for back disability has been reopened and is granted. The claims of service connection for hepatitis C and TDIU are deferred pending further development.