Back / lumbar spine decisions — 2016

The Veteran's claims for increased disability evaluations and service connection are being remanded due to the submission of new evidence. The Board will review this evidence and readjudicate his claims.

The Veteran's TBI residuals and cervical spine strain with degenerative disc disease, spondylosis, and intervertebral disc syndrome have been evaluated as denied. The Veteran was not granted any increased ratings for his service-connected conditions.

The Veteran's claim for a higher rating for his lumbar spine disability is granted, with the effective date to be determined. The claims for increased ratings of left and right lower extremity radiculopathy are denied prior to July 19, 2012, but granted thereafter. Service connection for cervical spondylosis and stenosis is granted as secondary to his service-connected lumbar spine disability. New and material evidence has been submitted for sleep apnea, bilateral upper extremity peripheral neuropathy, and depression.

The Board finds that the Veteran's back, bilateral hip, left knee and right knee disorders are service-connected as they are at least in equipoise with respect to their onset during service.,The VA physician provided a positive opinion linking the Veteran's current right knee disorder to his service as a paratrooper.

The Board has ordered a remand to obtain an adequate VA examination and opinion regarding the Veteran's lumbar spine disorder, including whether it is related to service or secondary to his service-connected bilateral knee disabilities.

The Board has remanded the Veteran's claim for further development, including obtaining private medical records and a VA examination to address her low back disability. The examiner is requested to provide opinions regarding the relationship of her diagnosed low back disabilities to service, as well as whether they are caused by or due to her service-connected bilateral knee and/or left hip disabilities.

The Board has remanded the case for a new VA examination to determine if the Veteran's lumbar spine disorder is related to service, including his fall in service. The examiner must consider the Veteran's lay statements of continuity of symptomatology since injury in service.

The Veteran's claims for higher ratings for chronic back strain with DDD and DJD of the right knee were denied. The Board found that prior to July 7, 2015, the Veteran did not meet the criteria for a rating in excess of 10 percent for chronic back strain with DDD. Effective from July 7, 2015, the Veteran's condition was rated as 20 percent disabling. The claim for DJD of the right knee was also denied.

The Veteran's service connection claim for a back disability is denied as the evidence does not support a finding that his current back disability was caused or aggravated by his active service. The left knee disability claims are also denied, with no specific rating assigned due to lack of clear and unmistakable error (CUE) in previous decisions.

The Board has decided to remand the case for additional development due to incomplete service treatment records and a need for a new VA examination.

The Board has remanded the case due to an inadequate examination from May 2013 and a need for additional evidence. The Veteran must be provided with an additional examination addressing the severity of his lumbar spine disability.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 10 percent, but the VA determined that a higher rating of 20 percent is warranted based on his limited range of motion and associated symptoms.

The Veteran's claim for a higher evaluation for her lumbar spine intervertebral disc syndrome prior to November 7, 2011 was denied as there was no evidence of ankylosis or incapacitating episodes requiring bed rest prescribed by a physician.

The Veteran's claim for an increased rating for his low back disability was denied, and the TDIU claim was also denied as he did not meet the percentage rating standards to be considered for individual unemployability.

The Veteran's claims for service connection for dizziness and low back pain have been denied as there is no evidence of a current disability, and the Board finds that the Veteran did not provide adequate reason or good cause to miss scheduled VA examinations.

The Board denied the Veteran's claims for an initial compensable rating for his left cornea scar and service connection for a back disability, finding no evidence to support the requested ratings or connections.

The Board has determined that the Veteran's claimed back disorder with arthritis and nerve damage of the arms and hands, including carpal tunnel syndrome, were not incurred or aggravated by service. The evidence does not establish a link between these conditions and his military service.

The Board denied increased ratings for the Veteran's lumbar spine disability, maintaining a rating of 40 percent as of January 8, 2014.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to address the etiology of his psychiatric disorder, spine, right foot, and right hip disabilities, as well as the severity of his service-connected right knee disabilities.

The Veteran's current right knee, left knee, and right shoulder disorders are causally related to in-service occurrences as a parachute jumper. The Board finds service connection is granted for these conditions.