Back / lumbar spine decisions — 2016

The Veteran's DDD lumbar spine is rated at 20 percent disabling, and the Board finds that a higher rating is not warranted based on current evidence of record.

The Board has determined that a new VA examination is needed to address the Veteran's claims for service connection for low back and right hip disabilities due to conflicting medical opinions and lack of adequate explanation in previous examinations.

The Veteran's appeal for service connection for a back disability as secondary to drop foot of the left leg has been dismissed due to the death of the Veteran.

The Veteran's claim for increased ratings for his cervical spondylosis and degenerative disc disease of the lumbar spine was denied. The left upper extremity carpal tunnel syndrome and associated cervical radiculopathy were also rated at 10 percent, effective from January 21, 2011.

The Veteran's cervical spine disability, left hip radiculopathy, and right hip radiculopathy are service-connected. The Veteran's upper extremity disabilities and hemorrhoids are not service-connected.

The Board found insufficient evidence to support the Veteran's claims for service connection for a low back disability and an acquired psychiatric disorder, including PTSD and mood disorder NOS. The examiner opined that her current conditions are more likely related to post-service life events rather than in-service incidents.

The Board has remanded the appeal due to insufficient rationale for the etiology of the bilateral ankle disability. The claims for service connection for knee and back disabilities are inextricably intertwined with the bilateral ankle disability claim, as they are based on a secondary theory of entitlement.

The Veteran's claim for an increased rating for her lumbar spine disability is being remanded to the Board of Veterans' Appeals for further development, including consideration of extraschedular evaluation due to marked interference with employment and frequent periods of hospitalization.

The Board has determined that the Veteran's right knee disability was granted service connection effective May 24, 2006. The issues of entitlement to service connection for a low back disability and a right hip disability are remanded.

The Veteran's service connection claims for various conditions, including erectile dysfunction secondary to a psychiatric disability and tinea pedis, have been granted. The initial rating assigned is 30 percent for dyssomnia.

The Board has decided that there are additional pieces of evidence submitted since the last decision and has ordered a remand for further review.

The Veteran's initial ratings for his lumbar spine and right knee disabilities were denied. The Board found that the evidence did not support a higher rating based on limitation of motion or neurological manifestations.

The Board denied the Veteran's claims of entitlement to service connection for a bilateral hip disability, bilateral knee disability, and lumbar spine disability. The Board also denied the Veteran's claim of entitlement to service connection for neck disability on the basis that there was no evidence of chronicity in service or at any time since service.

The Board denied the appellant's claims for earlier effective dates for his service-connected headaches and cervical spine degenerative disc disease ratings.,The Court remanded the issue of TDIU due to the failure to consider whether the appellant is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Veteran's lumbar spine disability was evaluated at 10 percent prior to July 16, 2011. Since then, the evidence does not support a higher evaluation.

The Board found that the Veteran's low back condition and obstructive sleep apnea are not service-connected, as there is no evidence of a chronic or recurrent condition in service. The current conditions are attributed to post-service events.

The Board has granted service connection for degenerative joint disease of the lumbar spine, finding that it is at least as likely as not incurred in service. Service connection was denied for degenerative joint disease of the cervical spine due to lack of continuity of symptoms within one year after separation from service.

The Veteran's appeal is denied as the evidence does not support a higher rating for his lumbar spine disability or TDIU.

The Board has remanded the case for scheduling a travel Board hearing due to the Veteran's failure to appear at his scheduled July 2014 hearing. The appeal will be processed accordingly.

The Board finds that the Veteran's low back disorder and headache disorder are related to his service, with reasonable doubt resolved in favor of a connection. The claims for service connection are granted.