Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded due to the passage of time and failure to reschedule VA examinations for her service-connected conditions, as well as new claims.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by active military service and denied his claim for service connection.

The Veteran's claim for service connection of a low back disability was previously denied in July 1981. The VA has now reopened the claim and is remanding it to obtain additional medical records, particularly from VA facilities where the Veteran received treatment.

The Board granted a 40 percent rating for the Veteran's low back disorder, effective from March 31, 2015. The decision also found service connection for right leg radiculopathy secondary to the low back disorder.

The Veteran's claims for higher initial ratings for her service-connected right knee degenerative joint disease, lumbosacral spine disability, and headaches are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA outpatient treatment records and considering them in the context of his claim for an increased disability rating for thoracolumbar hyperextension strain.

The Board denied the reopening of a claim for service connection for a low back strain due to lack of new and material evidence. The claims for bilateral hearing loss and tinnitus were also denied.

The Veteran's claim for an increase in rating for service-connected lumbar spondylosis was denied as a matter of law due to his failure to report for a scheduled VA examination.

The Veteran's service-connected lumbosacral strain, disc disease, and degenerative arthritis of the lumbar spine are currently rated at 20 percent. The right middle finger disability is also rated at its maximum allowable rating for ankylosis or limitation of motion.

The Board denied the Veteran's claims for increased ratings for depression, lumbar spine, and right knee. The issues of service connection for a left knee disorder, right hip disorder, obstructive sleep apnea, and hypertension were also denied.

The Board denied service connection for a low back disability and the Veteran's claim of CUE in the denial of his claim for residuals of cold injuries of the feet. The effective date for service connection was not changed.

The Board has remanded the Veteran's claims for additional development due to the need for a VA medical opinion and consideration of new evidence. The appeal is being returned to the AOJ for further action.

The Veteran's low back disability, postoperative changes at L4 and L5 with pedicle screws in place, has been rated as 20 percent disabling since July 17, 2013. The rating is based on the current functional impairment of the spine.

The Board finds that the Veteran's statements as to the onset of his low back disc disease and continuity of symptomatology since service are credible, and the Veteran's lay statements and supporting medical evidence are sufficient to establish continuity of symptomatology. Service connection for lumbar spine degenerative disc disease is granted.

The Board has denied the Veteran's claims of service connection for thoracolumbar spine disorder, right shoulder disorder, and left shoulder disorder due to lack of evidence showing a direct relationship between these conditions and his military service.

The Board found that the Veteran's lumbar spine disorder was not incurred or aggravated by service and denied his claims for service connection. The appeals for basic eligibility for specially adaptive housing and special home adaptation grant were also denied.

The Board has determined that the Veteran does not have current plantar fasciitis of the left foot and therefore, service connection for this condition is denied. The issue regarding an increased rating for her lumbar spine disability remains pending.

The Board denied an increased rating for the Veteran's service-connected lumbar spine degenerative arthritis, finding that the evidence did not support a higher disability evaluation. The claim for service connection for sleep apnea was also addressed but is noted as part of the remand portion.

The Board found that the Veteran's chronic lumbar strain did not meet or approximate the criteria for a rating in excess of 10 percent. The Veteran was also denied TDIU benefits as her service-connected disabilities do not preclude her from obtaining substantially gainful employment.

The Veteran's claim for pension benefits was denied as his income exceeded the maximum allowable pension rate. For issues related to depression and thoracolumbar spine disability, the Board found that the symptoms were contemplated by the schedular rating criteria.