Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded for scheduling a personal hearing before a Veterans Law Judge sitting at the RO. The issues include service connection claims and rating disputes.

The Veteran's service-connected DJD and DDD of the thoracolumbar spine is currently rated at 20 percent, reflecting limitation of motion. The evidence does not support a higher rating as her range of motion has consistently been within the limits for a 20 percent rating.

The Veteran's appeals for increased ratings have been denied. The Veteran has withdrawn his appeals regarding service connection for psoriasis/skin spots, an initial compensable rating for osteoarthritis of the right hand, and an initial rating in excess of 10 percent for residuals of a right foot surgery with hallux rigidus and gout (claimed as right foot hammer toe). The Veteran's claim for an increased rating for cervical degenerative disc disease has been denied. His claims have not yet been adjudicated.

The Veteran withdrew his appeal for service connection for type II diabetes mellitus during the October 2015 hearing. The remaining issues of entitlement to service connection for a low back disability and bilateral leg disability, secondary to a service-connected seizure disorder, are addressed in the REMAND portion of this decision.

The Board has determined that the Veteran's lumbar spine disability and traumatic brain injury residuals are related to service, granting service connection for these conditions.

The Board denied service connection for hypertension, heart palpitations, GERD with hiatal hernia, cervical spine disability, low back disability, nasal problems and left maxillary/ethmoid sinusitis, and sleep apnea. The claims were also dismissed as the appellant withdrew his appeal regarding heart palpitations.

The Board has denied the Veteran's claims for earlier effective dates and service connection for right knee disorder and gastroesophageal reflux disease (GERD).

The appeal has been dismissed as the Veteran withdrew his appeal through his authorized representative.

The Veteran's appeal is being remanded for additional development, including a new VA examination and obtaining records from the VA medical center in Orlando. The issue of an initial rating in excess of 10 percent for his service-connected lumbar spondylosis with unfused anterior ring apophysis of L3 vertebral body will be reconsidered.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his low back disability and sleep apnea. The TDIU claim is also inextricably intertwined with these issues.

The Board has determined that the Veteran's left knee, bilateral hip, and back disabilities are not related to his military service.

The Veteran's back disability has been rated at 40 percent since November 30, 2007. The Board finds that the evidence does not support a higher rating prior to December 7, 2007, from February 1, 2008, to November 12, 2012, and beginning January 1, 2013.

The Board has determined that the Veteran's claimed back, right knee, and left knee disabilities are not related to his military service. The evidence does not support a finding of service connection for these conditions.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and medical opinions. The case is now pending with additional development required.

The Veteran's degenerative disc disease of the lumbosacral spine with neuroforaminal stenosis and associated sciatica were granted initial ratings, but not in excess of 10 percent prior to May 18, 2009. From May 18, 2009 onwards, he was granted a higher rating for his sciatica.

The Veteran's lumbosacral strain was previously rated at 10 percent prior to August 6, 2009. The evidence does not show that his range of motion or other symptoms warranted a higher rating during this period.

The Veteran's claim for higher ratings for lumbar spine DDD and associated radiculopathy/sciatica and bladder impairment was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent prior to May 14, 2009 or 40 percent from that date.

The Veteran's cervical spine disability is rated at 20 percent, effective March 25, 2005. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Board has determined that the Veteran's current low back disability is related to his in-service injury, and service connection for a low back strain is granted.

The Board found that the Veteran's current low back condition is not related to his military service and denied his claim for service connection.