Back / lumbar spine decisions — 2016

The Board has determined that new and material evidence has been received to reopen the previously denied claims for service connection of heart disorder, back disorder, brain disorder (head injury residual), and acquired psychiatric disorder (depression and PTSD).

The Veteran is seeking service connection for various conditions, including a right ankle condition and its secondary effects on his knees, hips, back, and carpal tunnel syndrome. The Board will review the evidence to determine if new and material evidence has been submitted and to decide whether these claims should be granted.

The Veteran's current cervical spine disability, diagnosed as cervical spondylosis and cervical degenerative discogenic disease predominantly at C4-5 with moderate degenerative changes at C5-6, is related to a neck injury sustained during Active Duty for Training (ACDUTRA) service in April 1992. The Board finds that the Veteran's disability meets the criteria for service connection.

The Veteran's service-connected disabilities, including lumbar strain, right and left carpal tunnel syndrome, sciatic nerve impairment of the lower extremities, and a lumbar spine disability, have rendered him unable to secure or follow substantially gainful employment. His heart murmur is not considered a disability for VA purposes.

The Veteran seeks a TDIU based on his service-connected lumbar spine and left hip disabilities. The case is being remanded for additional development, including obtaining updated VA treatment records, seeking information from the employer who submitted the February 2010 VA Form 21-4192, scheduling a new VA examination to determine the current severity of his service-connected disabilities, and adjudicating his claim of entitlement to service connection for left breast cancer.

The Veteran's claims for higher ratings for low back strain and right radial fracture of the wrist are being remanded due to the need for additional examinations and development.

The Board has granted service connection for the Veteran's left knee disability as secondary to his service-connected right knee. The low back disability is rated at 20 percent, which represents a grant of the benefit sought.

The Veteran's claims for service connection for a low back disorder and chest pain are being remanded due to inadequate medical opinions from the previous VA examinations. Additional evidence is needed, including clarification on the etiology of his symptoms.

The Veteran's low back disability was rated at 40 percent for the period prior to December 4, 2013. From that date, a higher rating is denied.

The Board has reopened the claim of service connection for PTSD and remanded the remaining matters (including the underlying service connection for PTSD claim) for further development. The Veteran is entitled to a hearing before a Veterans Law Judge.

The Veteran's DJD and DDD of the lumbar spine were evaluated under the General Rating Formula for Diseases and Injuries of the Spine, resulting in a 20% initial evaluation. The evidence showed limited range of motion with pain on movement.

The Veteran's lumbar spine disability has been rated at 10 percent since May 31, 2007. The current rating is based on the limitation of motion and pain without any additional functional loss due to flare-ups or other factors.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for VA neurological and orthopedic examinations to assess his degenerative disc disease of the lumbar spine with a history of shell fragment wound to Muscle Group XX.

The Board has remanded the case for additional development to obtain service treatment records, provide an examination and opinions regarding the Veteran's lumbar spine disability, left lower extremity radiculopathy, and right knee disability, and address whether his congenital defect incurred a superimposed injury during or due to service.

The Veteran's service-connected disabilities, including his major depression and other psychiatric disorders, have caused him to be unable to obtain and sustain a substantially gainful occupation as of September 11, 2011.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a back disorder. The Veteran's current back disorder is found to be causally or etiologically due to his in-service injury.

The Veteran's claims for an increased rating for his low back disability and TDIU were denied as he failed to appear at a scheduled VA examination, which was necessary to determine the impact of his service-connected condition on his employability.

The Board has remanded the case for additional development, including an examination and opinion regarding whether any low back conditions are related to a reported in-service fall from a ladder. The Veteran's history of gymnastics participation is also to be considered.

The Veteran's claim for increased evaluations for his service-connected lumbar spine disability and associated left leg impairment was denied. The RO assigned a 40 percent evaluation effective January 3, 2006.

The Veteran's cervical spine disability is currently rated at 30 percent, and her lumbar spine disability is currently rated at 20 percent. Both disabilities are denied as the evidence does not show ankylosis or incapacitating episodes that would warrant higher ratings.