Back / lumbar spine decisions — 2016

The Board has remanded the case for additional development, including obtaining medical records and providing an addendum opinion regarding the relationship between the Veteran's back disability and service.

The Veteran's lumbar spine disability was rated at 30 percent from November 2005 through February 19, 2009. Since then, the rating has been increased to 40 percent for his left lower extremity radiculopathy.

The Board has determined that the Veteran's claimed low back, right leg, left leg, and left eye disabilities are not service-connected as they were not incurred or aggravated during his military service.

The Board found that the Veteran's current right knee, right hip, and low back conditions are not related to his active service. The evidence did not show any specific injuries or diagnoses in service, and the medical opinions concluded that the Veteran's conditions were more likely due to natural aging rather than service-related activities.

The Veteran's service-connected lumbosacral strain with degenerative arthritis does not meet the criteria for a higher rating than 20 percent.

The Veteran does not have a current lumbar spine disorder that is related to his military service and the Board finds no evidence of such a condition in the record.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed back disability, COPD, and hypertension. The claims are being remanded for further action.

The Board has determined that the Veteran does not have a current diagnosis of any of the claimed conditions and therefore, service connection is denied for all issues on appeal.

The Veteran's claims are being remanded for additional development including scheduling a hearing, obtaining updated VA treatment records, and providing the Veteran with a new VA examination to assess his left knee disability. The appeal will be reconsidered after these actions.

The Veteran's prostate cancer, erectile dysfunction, and left lower extremity radiculopathy have been granted service connection. The Veteran does not have a claim for colon cancer secondary to contaminated water at Camp Lejeune.,An effective date of May 15, 2006 has been assigned for the grant of service connection for prostate cancer.

The Veteran seeks service connection for a left leg disability, which he asserts had its onset in service. He was also seeking an initial compensable rating for his left elbow arthritis and an initial compensable rating for his thoracolumbar spine disability.,An additional VA examination is necessary to clarify the specific nature of any current disabilities and to provide opinions regarding their relationship to service.

The Veteran's claim for service connection for a back disability was denied. The issue of reopening his left knee disability claim has been reopened, but the new evidence does not establish that he currently has a left knee disability or that it is related to service. His PTSD symptoms are manifested by occupational and social impairment with reduced reliability and productivity.

The Veteran's appeal has been resolved in part. His higher rating and earlier effective date claims for lower extremity radiculopathy have been granted, as well as his TDIU claim based on service-connected disabilities. However, his initial rating claim for tinnitus is dismissed due to withdrawal of the appeal.

The Veteran withdrew his appeal regarding the claim for a back disability before the Board could make a decision.

The Veteran's lumbar spine disability was granted a rating of 20 percent effective February 23, 2015. The claim for an increased rating prior to that date remains pending.

The Board denied service connection for a low back disability, finding that the Veteran's preexisting chronic lumbar strain did not become aggravated during active duty and that his other diagnosed conditions are not related to military service.

The Board has remanded the Veteran's claims for a higher rating for a headache disability and for a disability rating in excess of 20 percent for his lumbar spine disability. The claim for TDIU is also being deferred pending completion of the actions requested.

The Veteran's appeals for increased ratings and TDIU have been dismissed as the Veteran withdrew his appeal.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that equitable tolling and/or waiver of the time limit for perfecting an appeal were not met. The earliest pending claim was received on August 28, 2008.

The Veteran's TDIU claim is being referred to the VA Director of Compensation Service for extraschedular consideration due to his age and service-connected disabilities.