Back / lumbar spine decisions — 2016

The Veteran's ulcer disease and degenerative joint disease of the lumbar spine were not granted service connection, and a rating in excess of 10 percent for the lumbar spine was denied.

The Board finds that the evidence is at least in equipoise regarding a nexus between the Veteran's diagnosed lumbar spinal stenosis and his active service, thus granting service connection.

The Board has granted the Veteran's claims for service connection for degenerative arthritis of the spine and residuals of head trauma, finding that his injuries were not due to willful misconduct.

The Veteran's lumbar spine disability and associated radiculopathies are not shown to preclude him from securing and following substantially gainful employment, but he is entitled to separate compensable ratings for his bilateral lower extremity radiculopathies prior to February 9, 2012.

The Veteran requested to withdraw his appeals for service connection for retinal detachment and GERD. The Board has dismissed these issues due to the death of the appellant.

The Board has remanded the Veteran's case for additional development, including a VA examination to determine if his current low back disorder is related to service-connected bilateral knee disabilities. The issues of increased ratings and reopening claims are also on appeal.

The Board found that the Veteran's left knee and low back disabilities were not incurred or aggravated by service, nor are they proximately due to his service-connected right knee disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with an opportunity to submit lay statements. The VA examiner will provide an addendum opinion addressing the new evidence and the Veteran's reports of in-service and post-service low back and right ankle symptoms.

The Board has determined that the Veteran's service-connected lumbar spine disability contributed substantially to his death from metastate cancer. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's claim for a right index finger scar was denied as the scar is not deep or limited in motion, and does not meet the criteria for a compensable rating.

The Veteran's claim for service connection for radiculopathy of the right upper and lower extremities was denied. The claims for increased ratings for degenerative arthritis of the lumbar spine, cervical spine (prior to September 8, 2015), and cervical spine (from September 8, 2015 onwards) were also denied.

The Veteran's appeal is being remanded to the AOJ for initial review of additional evidence submitted by the Veteran, including a September 2015 electromyography/nerve conduction study and an Additional Evidence Response Form. The case will be remanded due to inadequate examination in January 2013.

The Board has remanded the case due to the need to obtain additional VA treatment records from 1993 to 2000. The claim will be reconsidered after these records are obtained.

The Veteran's claim for an increase in a 20 percent rating for low back syndrome was denied. The Board found that the evidence did not show more than slight limitation of motion, and therefore, no higher rating could be assigned.

The Veteran's low back disability is rated at 40 percent from June 24, 2011 until July 9, 2015. Effective July 9, 2015, the Veteran is entitled to a rating of 60 percent for his low back disability and a separate 20 percent rating for right lower extremity radiculopathy associated with it.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred in or aggravated by service, nor may arthritis be presumed to have been incurred during service. The Veteran's headaches were also not linked to service.

The Board denied an earlier effective date for service connection of coronary artery disease, finding that the claim was filed after May 31, 2005. The Veteran's back disorder issue is remanded due to inadequate examination.

The Veteran withdrew his appeals for service connection for skin cancer and a back disability.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current neck disability is related to service.