Back / lumbar spine decisions — 2016

The Veteran's cervical spine degenerative changes have been rated at 10 percent since October 1, 2009. The VA examiner found full range of motion and no additional limitation due to pain or fatigue.,For the thoracic scoliosis and DDD, the Veteran has a combined ROM of 240 degrees, which is below the threshold for a higher rating under Diagnostic Code 5242 (degenerative arthritis of the spine). The examiner did not find any additional limitation due to pain or fatigue.

The Board has granted the Veteran's claims for service connection for bilateral lower extremity sciatica/lumbar radiculopathy and bilateral upper extremity cervical radiculopathy, finding that these conditions are secondary to his service-connected lumbar spine and cervical spine disorders. The claim for service connection for bilateral carpal tunnel syndrome is remanded.

The Veteran's thoracolumbar spine disability is currently rated at 10 percent, the minimum rating available under VA regulations. The Board finds that his range of motion does not warrant a higher evaluation due to pain and other functional limitations.

The Veteran's claim for a rating in excess of 10 percent for cervical spondylosis with degenerative disc disease is being remanded due to the need to obtain outstanding Social Security Administration (SSA) records and reissue the supplemental statement of the case.

The Veteran's claims for higher evaluations for his cervical and lumbar spine disorders have been denied.,Higher ratings are not warranted as the evidence does not show that the Veteran's conditions meet or approximate the criteria for a next higher rating under any applicable diagnostic code.

The Veteran's claims for service connection for headaches, stress fracture of the lumbar spine and thoracic spine, photosensitivity, and vertigo have been granted. The claim for increased rating for a lumbar spine disability remains pending. A TDIU has also been granted.

The Board has remanded the case for further development, including a new VA examination and consideration of additional medical records. The Veteran's claim will be reconsidered based on this new evidence.

The Veteran does not have current diagnoses of left ankle, cervical spine, or lumbar spine disorders. The Board finds the evidence against a finding that these conditions are related to service.

The Veteran's thoracic/lumbar levoscoliosis with spondylosis and degenerative disc space narrowing is rated at 20 percent, effective from November 25, 2009. The right lower extremity radiculopathy of the sciatic nerve is rated at 10 percent, effective from August 4, 2015. The left lower extremity radiculopathy of the sciatic nerve is rated at 10 percent, also effective from August 4, 2015.

The Veteran's appeal is being remanded for further development, including obtaining clarification from the doctor who completed a Service-Connected Questionnaire and scheduling an appropriate VA examination to address his left hip disability. The other issues are also being remanded.

The Veteran's claims of service connection for back, hearing loss, Achilles tendon, and knee disabilities were denied as there is no current evidence of these conditions.

The Veteran's back disorder is not service-connected, but his PTSD and bilateral flat feet combined are sufficient to meet the criteria for a TDIU effective July 30, 2009.

The Board has remanded the case for additional development, including obtaining medical records and providing an addendum opinion regarding the etiology of the Veteran's low back and bilateral knee disorders.

The Board found that the evidence did not support a finding that the service-connected right knee, left knee, or left ankle disabilities caused or aggravated the Veteran's claimed low back disability.

The Board found that the Veteran's current low back and cervical spine disabilities are not related to his military service, thus denying his claims for service connection.

The Veteran's claim for higher initial ratings for his service-connected mechanical low back pain with facet arthropathy at L5-S1 is being remanded due to the need for additional development, including an appropriate VA examination.

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

The Veteran's claim for an initial rating in excess of 30 percent for MS prior to May 24, 2010, and a TDIU rating from November 13, 2006, to May 24, 2010, was denied as the evidence did not meet the criteria for these ratings.

The Veteran's right wrist disability is rated at 10 percent, effective December 1, 2009. The earlier effective date for TDIU rating has been granted.

The Veteran's appeal for service connection for a low back disability has been withdrawn.