Back / lumbar spine decisions — 2016

The Veteran's claim for service connection for a lumbosacral spine disability is being remanded due to the need for additional development and consideration of new evidence.

The Veteran is competent to manage his own funds without limitation and the appeal for incompetency is granted.

The Board previously denied service connection for a low back disability. The Court has remanded the case to the Board due to an unclear medical opinion and the need for further development, including obtaining VA treatment records and scheduling a new examination.

The Board has determined that the Veteran's service-connected low back disability, sleep apnea, non-Hodgkin's lymphoma (secondary to herbicide exposure), and diabetes mellitus (secondary to herbicide exposure) have rendered him unemployable due to his disabilities. As a result, he is granted a total rating based on individual unemployability.

The Veteran's service-connected lumbosacral strain, spondylosis, degenerative disc disease and moderate anterior T12 wedging is not rated higher than 40 percent prior to October 6, 2014. The right lower extremity radiculopathy and left lower extremity radiculopathy are each rated at 10 percent from July 21, 2015 onwards. The Veteran's right knee strain and left knee strain remain rated at 10 percent throughout the appeal period. Residuals of right great toe and foot injury do not warrant a compensable rating prior to October 6, 2014.

The Board found no evidence of a back disability in service or within one year post-service, and concluded that the Veteran's current back disability is more likely related to age-related degenerative changes rather than service. For his duodenal ulcer, the Board determined that it does not meet the criteria for a rating in excess of 20 percent.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the right knee strain was not separate from patella chondromalacia, which is already service-connected. For the hip issues, the Veteran did not meet criteria for a higher rating prior to November 12, 2015, but since then has met criteria for a 10 percent rating.

The Board denied increased ratings for the Veteran's service-connected low back disability, both before and after June 14, 2007. The effective date of the 20 percent rating was also denied.

The Board has granted service connection for residuals of a right ankle fracture and finds that the Veteran's current left hip, right knee, left knee, and back disabilities are proximately due to or aggravated by his service-connected left foot and/or right ankle disabilities. The remaining issues have not been decided.

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The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim prior to September 18, 2006 and no factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Veteran is seeking service connection for a lower back disability, including scoliosis and lumbar strain with paraspinal spasm. The Board has remanded the case due to incomplete development of records and need for further medical opinion regarding the nature and etiology of her lower back disability.

Your service connection claim for a disorder manifested by bilateral hip and low back pain is dismissed as the benefit sought on appeal (a low back disability) has now been granted.

The case is being remanded for further development to obtain private treatment records related to the Veteran's back and knee disabilities. The issues of service connection, increased ratings for left and right knee disabilities are pending.

The Board has remanded this case for additional development, including a VA examination to determine if the Veteran's stroke residuals are aggravated by his service-connected low back disability.

The Veteran's service connection claims for a systemic orthopedic disability, skin disability, lung disability, and peripheral vascular disease of both legs were denied as there is no evidence of such conditions during or within one year after service. The Board found that the current diagnoses are not related to service.

The Board has remanded the Veteran's claims due to insufficient medical opinions and the need for additional development of his VA treatment records.

The Veteran's service-connected disabilities render him unemployable, and he is granted a total disability rating based upon individual unemployability. The temporary total disability rating for convalescence following his back surgery is also granted.

The Board denied the Veteran's claims for service connection for anemia, peripheral neuropathy of the upper extremities, and entitlement to a total rating by reason of individual unemployability due to service-connected disabilities (TDIU).

The Board has reopened the claim for service connection of a low back disability, but denied it on the merits. The Veteran's diabetes and hypertension were not found to be related to contaminated water at Camp Lejeune.