Back / lumbar spine decisions — 2016

The Board finds that the Veteran's right shoulder pain is not a separate disability, but rather secondary to her service-connected cervical spine degenerative disc disease and right upper extremity radiculopathy.

The Veteran's service connection claims for various conditions were granted, with specific evaluations assigned. The lumbar spine condition was initially evaluated as not meeting the criteria for a higher evaluation prior to February 17, 2011 and from August 16, 2011 onwards. For cervical spine disability, initial compensable evaluation was denied prior to August 16, 2011 but granted at 20 percent thereafter. The left shoulder condition received a compensable evaluation starting from August 16, 2011. Right knee and benign prostatic hypertrophy conditions were initially evaluated as non-compensable. Right-side sciatica was evaluated as moderately severe since January 27, 2015. Hemorrhoids did not meet the criteria for a compensable evaluation.

The Board has determined that the Veteran does not have rheumatoid arthritis related to service. The claims for diabetes mellitus, voiding dysfunction (chronic urinary tract infections), finger disabilities of the left hand, finger disabilities of the right hand, and lumbar spine disability are all granted.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a back disability, as the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim (a nexus between his current back disability and service).

The Veteran's claim for an earlier effective date for the grant of service connection for diabetes mellitus has been granted, with the effective date set at September 22, 2010. The Board found that no prior pending claim or adjudication existed to support retroactive adjustment of the effective date.

The Veteran's appeal is remanded due to a scheduling issue for a videoconference hearing. The primary issue remains the evaluation of his service-connected degenerative disc disease of the lumbar spine.

The Veteran's low back disability and skin conditions, including psoriasis and psoriatic arthritis, were found to be related to service. Service connection was granted for these disabilities.

The Board has determined that additional development is needed to verify the appellant's service dates and obtain relevant medical records, particularly those from Maxwell Air Force Base Hospital. The claims for service connection will be remanded for further action.

The Veteran's cervical spine disability was granted a 20 percent rating effective from December 27, 2012. The condition is characterized by forward flexion limited to 35 degrees and extension to 45 degrees.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the nature and etiology of any current low back disability and skin disabilities.

The Veteran's service-connected disabilities, including his right and left knee replacements and limited range of motion in the left ankle, have rendered him unable to secure or follow substantially gainful employment. His acquired psychiatric disability is also service connected as secondary to his orthopedic conditions.

The Board has determined that the Veteran's low back disorder was not incurred in or related to his military service, and therefore denied his claim for service connection.

The Board has decided to remand the case for further development, including obtaining VA treatment records and Social Security Administration (SSA) records.

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and providing a VA examination to determine if his cervical spine and left upper extremity conditions are related to service-connected lumbar spine disability.

The Board has remanded the case due to insufficient reasons and bases for the denial, and new evidence relevant to the Veteran's TDIU claim has been associated with the claims file. A new VA examination is required to assess the impact of his service-connected disabilities on his employability.

The Veteran's lumbar strain has been found to be limited in range of motion, but not severe enough for a higher rating. The current evaluation of 20% is maintained.

The Veteran's lumbar strain has been rated at 10 percent since June 8, 2010. The Board found that the current rating adequately reflects the severity of his disability.

The Veteran's low back disability is manifested by the functional equivalent of forward flexion limited to 30 degrees with pain, warranting a 40 percent evaluation. The Board finds substantial compliance with the requirements articulated in prior remand decisions and grants an increased rating.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran has a current thoracolumbar spine disability and whether it is related to service or her service-connected cervical strain.

The Veteran's service-connected lumbosacral strain and tinea corporis did not meet the schedular criteria for a TDIU prior to September 7, 2010.