Back / lumbar spine decisions — 2016

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.

The Board has determined that the Veteran's low back disability and right lower extremity radiculopathy are not eligible for extraschedular consideration as their symptoms are adequately captured by the existing schedular ratings.

The Board has remanded the case for additional development due to failure to provide proper notice of a VA examination and because the Veteran did not report for the scheduled examination. The appeal will be returned to the Board after further development.

The Veteran's appeal is being remanded to provide necessary assistance in substantiating his claims, including scheduling VA examinations for the thoracolumbar and cervical spine disorders and residuals of chest injury.

The Board found that the Veteran's current low back disorder is not linked to active duty service, including in-service complaints. The evidence does not show a link between his military service and any current back condition.,For his left knee disability, the VA examiner opined that the degenerative changes observed during the examination were not related to the Veteran's military service.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral knee replacements, render him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims for increased rating and TDIU due to new evidence, including a recent low back surgery. The VA will obtain additional medical records, provide updated examinations, and consider all relevant factors in determining appropriate ratings.

The Board has determined that the Veteran's back and knee disabilities did not begin during service or are otherwise related to his military service, thus denying his claims for service connection.

The Board found that the Veteran's current lung disability, including COPD with an asthmatic component, is not service-connected due to it being related to his extensive tobacco use. The back disability was also denied as there was insufficient evidence linking it to service.

The Board granted a rating of 20 percent for the Veteran's service-connected right elbow/wrist disability with history of carpal tunnel syndrome, effective October 14, 2015. The claim for a higher rating prior to that date was denied.

The Board has determined that the Veteran's current folliculitis is incurred during active service and granted service connection for this condition. The other issues are addressed in the REMAND portion of the decision.

The Board has reopened the Veteran's claims for service connection for a lumbar spine disability and a left wrist disability, as new and material evidence has been received. The claim for service connection for a lumbar spine disability is granted due to in-service back pain that persisted post-service and was diagnosed with minimal arthritis within one year of separation from active duty. The claim for service connection for a left wrist disability remains pending.

The Board has granted service connection for a low back disability and an acquired psychiatric disability, including PTSD and bipolar disorder. The right shoulder disability increased rating claim is dismissed due to withdrawal by the Veteran. TDIU claim remains pending.

The Veteran seeks an increased evaluation for his service-connected lumbosacral degenerative joint disease, degenerative disc disease, and intervertebral disc syndrome. The Board has determined that a remand is necessary to ensure proper development of the claim.

The Veteran's appeal includes claims for service connection and disability ratings for various conditions, including restless leg syndrome, bilateral knee disorders, infertility, a lumbar spine disability, obstructive sleep apnea, erectile dysfunction, and scars. The appeals are currently pending due to the need for additional development of evidence.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical opinions and treatment records.

The Board has denied the Veteran's claims for service connection for low back disability, vertigo, and bilateral cataracts due to exposure to herbicides in Vietnam. The evidence does not support a finding of service connection for these conditions.

The Board has remanded the claims for service connection due to new and material evidence having been received. The Veteran's major depression is rated at 50% since October 2011, with a GAF score of 65.

The Veteran's claims for increased ratings and service connection were denied. The current disability ratings for his degenerative joint disease of the right shoulder, elbow, cervical spine, and lumbar spine are all 10 percent.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected right sacroiliac joint dysfunction with chronic low back strain and any relationship between this condition and his bilateral knee disability and left lower extremity neurologic disorder. The case will be readjudicated after these actions.