Back / lumbar spine decisions — 2016

The Board has determined that additional development is needed to determine the etiology of the Veteran's cervical and lumbar spine disorders, including consideration of his lay statements regarding in-service injuries.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and providing medical opinions regarding the etiology of his claimed disabilities.

The Board has remanded the case due to incomplete service records and need for additional examinations. The Veteran's claims for cervical spine disability and lumbar spine disability are being reviewed.

The Veteran's low back disability is rated at 60 percent since May 20, 2008. The Board found that the criteria for a 60 percent rating were met or approximated during this period.

The Board denied the Veteran's claims for service connection for a chronic lumbar spine disability and a chronic acquired psychiatric disability, finding that there was no evidence of a current disability or a relationship to military service.

The Board has remanded the claims for further development, including obtaining a VA medical opinion from an appropriately qualified physician to address the etiology of the Veteran's claimed disabilities.

The Veteran's claims for increased evaluations for his service-connected lumbar spine disability and right eye glaucoma are being remanded due to the need for additional examinations.

The Board has determined that the Veteran does not have a current low back disability including arthritis that is related to service, and thus cannot be granted service connection for this condition.,Similarly, the Board has found no evidence of a current left knee disability including arthritis that can be attributed to service. The Veteran's current left knee disabilities are presumed to have developed post-service.

The Board has determined that the Veteran's low back and right hip disabilities are at least as likely as not caused or aggravated by his service-connected right ankle disability.

The Veteran's lumbar spine disability is rated at 40 percent, and he was granted a separate compensable rating for left lower extremity lumbar radiculopathy. The appeal related to these issues has been resolved in the Veteran's favor.

The Board found that the Veteran's back disability, diagnosed as degenerative disc disease and degenerative joint disease, was not related to service or a service-connected condition. The claim for TDIU was also denied due to lack of evidence showing the Veteran is unable to secure and follow substantially gainful employment.

The Board has remanded the case for further development, including consideration of an extraschedular rating and a TDIU rating on an extraschedular basis.

The Board finds that the Veteran's lumbar spine DDD and degenerative changes are related to service, granting service connection.,Service connection is granted for bilateral knee arthritis. The Board found no evidence linking this condition to service.

The Board has granted service connection for the Veteran's right knee disability, left hip disability, and low back disability as secondary to his existing service-connected disabilities.

The Board has granted service connection for vertigo and dizziness, as well as a rating of 30 percent for hearing loss. Service connection for back disability is denied.

The Veteran's appeal is being remanded due to the unavailability of a hearing officer who participated in his previous hearing. The case will be returned for further review.

The Board has determined that the Veteran's claims for increased ratings for sinusitis and allergic rhinitis are denied as they are already at their maximum schedular ratings. The claim for a rating in excess of 40 percent for degenerative disc disease of the lumbar spine is dismissed due to withdrawal by the Veteran.

The Veteran's appeals have been withdrawn prior to the Board making a decision.

The Veteran withdrew his appeals for the ratings and TDIU claims related to lumbar spine degenerative disc disease, right lower extremity radiculopathy, and TDIU.

The Veteran's claim for service connection for a back disability is being remanded due to the need to obtain all of his VA treatment records from January 2011 to present.