Back / lumbar spine decisions — 2016

The Board has remanded the case due to the need for further development, including a VA examination of the Veteran's back disability. The appeal will be returned to the AOJ for readjudication.

The Veteran's claims for increased rating of varicose veins and TDIU due to service-connected disabilities are being remanded as the claim for TDIU was not properly referred to the Compensation Service Director for extraschedular consideration.

The Veteran's low back disability is rated at 20 percent effective July 11, 2013. The compensable rating for left testicle atrophy has been granted.

Service connection has been established for all the claimed conditions effective November 4, 2005. As such, there are no remaining issues in controversy.

The Board has remanded the Veteran's claim for a TDIU due to her service-connected low back disability, as there is insufficient evidence of her current employment status and functional limitations.

The Board has determined that the Veteran's current back disability was not incurred in active duty service and therefore denied his claim for service connection.

The Board found that the Veteran's low back and right knee disabilities are not related to his service-connected left ankle disability, thus denying both claims.

The Veteran's service-connected lumbar degenerative disc and joint disease is currently rated at 10 percent, effective June 2, 2007. The claim for a higher rating since October 28, 2010 was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome. For seborrheic dermatitis with rosacea, the current evaluation is 10 percent and no higher due to lack of findings for more severe manifestations.

The Veteran's appeals for increased ratings for his lumbosacral spine disorder and left knee disability were denied. However, he was granted a separate initial rating of 20 percent for meniscal damage in the left knee.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a supplemental examination to determine if the Veteran's low back disorder is related to his military service.

The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.,The Veteran's appeals for higher initial ratings on several service-connected conditions have been withdrawn.

The Board found that the Veteran's right knee and low back disabilities are not secondary to his service-connected left knee disability. The VA examiner concluded that these conditions were more likely related to normal aging changes rather than the service-connected condition.

The Veteran's back disability was rated at 40 percent disabling, effective from the date of the decision. The left lower extremity radiculopathy was rated at 20 percent disabling prior to August 13, 2012 and 40 percent thereafter.

The Board has granted a higher initial rating of 20 percent for the Veteran's lumbar spine disability, effective from August 15, 2013.

The Board denied service connection for residuals of cold weather injuries to the left and right feet, as well as a low back disorder. The Veteran's claims were based on his participation in combat during the Korean War.

The Board has denied service connection for low back, psychiatric, right hip, and right knee disabilities as secondary to residuals of a left medial malleolus fracture.

The Board found that the reduction of the rating for the Veteran's service-connected low back disability from 40 percent to 20 percent was not supported by the evidence of record at the time of the reduction and denied the claim.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify her.

The Veteran's claims for low back disability, allergic rhinitis, and inguinal hernia were denied as there is no current evidence of these conditions during the appeal period.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, as well as information about the Veteran's time at Camp Lejeune. The claims will be readjudicated based on all received evidence.