Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a Supplemental Statement of the Case.

The Veteran's authorized representative withdrew the appeals for all issues currently under appeal, including evaluations for degenerative joint disease of the lumbar spine and bilateral pes planus.

The Veteran's appeal is being remanded for further development due to the need for a new VA examination and opinion regarding his service-connected lumbar spine disability.

The Board has granted a 40 percent rating for service-connected lumbar spine degenerative disc disease (DDD) effective from January 31, 2014. The Veteran's cervical spine disability claim was reopened and the issue of service connection is addressed in the remand portion.

The Veteran's appeal is being remanded for additional development and consideration of the issues on appeal, including a new examination for his anxiety disorder and residual scars. The effective date issue will also be addressed.

The Veteran's claims for service connection for lumbar and cervical spine disorders are being remanded due to the need for additional development, including obtaining private treatment records and worker's compensation records.

The Board has denied the Veteran's claims for service connection for hypertension and low back disorder, finding no evidence of their onset in service or within one year post-service. The claim for increased rating for bilateral hearing loss is also denied as there is no exceptional pattern of hearing impairment present.

The Veteran's appeal is remanded due to the lack of a Statement of the Case for the issue of payment of CRSC/CRDP. The case must be returned to the Board only if the Veteran perfects his appeal.

The Board denied the Veteran's claims of service connection for cervical spine and thoracolumbar spine disorders, finding that these conditions are not related to his active duty service or his service-connected knee disabilities. The claim for an increased disability rating for left knee disability was also denied.

The Veteran's thoracolumbar spine disability is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5237. The Board finds no evidence of ankylosis or IVDS that would warrant a higher rating. For his right shoulder strain, the current ratings are appropriate as he does not meet criteria for a higher evaluation based on range of motion.

The Veteran's back disability, including his intervertebral disc disease, is rated at 40% effective April 19, 2011. The effective date for the TDIU was extended to January 31, 2007.

The Board has determined that the Veteran does not have a current back disability related to his service-connected right ankle condition, and therefore denied service connection for a back disability. The initial rating of 10 percent for degenerative joint disease of the right fibula was also denied as there is no evidence supporting an increase in disability.

The Veteran's lumbar spine disability is rated at 20 percent, effective March 25, 2003. The appeal for a higher rating remains pending.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of service connection or an increase in disability rating.

The Board has reopened the Veteran's claims for left knee, right knee, and low back disabilities as well as his claim for service connection for hemorrhoids. However, no new rating assigned as the evidence does not warrant a compensable disability rating for bilateral hearing loss.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and addressing his pension claim.

The Board found that the Veteran's lower back disability, manifested by chronic low back pain and limited range of motion, does not meet or approximate the criteria for a higher rating than 40 percent.

The Board found no evidence of a chronic lumbar spine disability during service or within one year post-service, and the Veteran's current condition is not related to his military service.

The Veteran withdrew his appeal regarding service connection for a low back disorder at the December 2015 Board hearing. The remaining issues of initial compensable evaluations for numbness of the right and left hands are addressed in the REMAND portion.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service treatment records and relevant post-service medical records. The Veteran will be scheduled for VA examinations to assess the severity of his migraine headaches, cervical spine condition, GERD, gastritis, and residuals of cholecystectomy.