Back / lumbar spine decisions — 2016

The Board has remanded the case for further development, including a VA examination to assess the current severity of the Veteran's lumbar spine disability and provide retrospective medical opinions regarding its service connection.

The Veteran's lumbar strain with myositis and lumbar DJD and DDD is currently rated at 40 percent, effective June 29, 2015. The rating for the right lower extremity radiculopathy remains at 20 percent. A separate 20 percent rating is assigned for left lower extremity radiculopathy.

The Board has remanded the appellant's claims for service connection due to a lack of official military records and inconsistencies in his reported dates of service. The case will be returned to the AOJ for further development.

The Board has remanded the case due to incomplete development and requests a VA examination to determine if any current back disability is related to service, including consideration of all past diagnoses. The Veteran's claim for service connection remains pending.

The Veteran seeks service connection for low back, neck, and right lower extremity disabilities. The Board finds that additional VA examinations are necessary to determine the nature and etiology of these conditions.

The Board has determined that the Veteran's cause of death, respiratory failure due to COPD, is related to his service-connected shell fragment wound of the right chest status post removal of 2.5 inches of the rib, Muscle Group XXI.

The Board has reopened the claim of service connection for a lumbar spine condition and granted a 30 percent rating effective from April 16, 2003. The Veteran's cervical spine condition is also service-connected.

The Board has determined that further development is needed to obtain medical records and the Veteran's consent for VA to seek additional private treatment records. The claims will be remanded for this purpose.

The Board has determined that the Veteran does not have a low back disorder or a separate left lower extremity condition (presumed to be Restless Legs Syndrome) that is related to service. The current conditions are considered to be due to natural progression of degenerative disease and post-service injuries.

The Veteran's DDD of the lumbar spine with herniated disks at L4-5 and L5-S1 due to low back strain has been rated as 10 percent disabling, reflecting a functional loss due to pain that more closely resembled forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees.

The Veteran's low back disability is rated at 20 percent prior to December 10, 2010 and 40 percent thereafter. The right hip disability is rated at 10 percent.

The Veteran's acquired psychiatric disorder, including Anxiety Disorder, NOS with subclinical features of Obsessive Compulsive Disorder and Generalized Anxiety, and Depressive Disorder, NOS, is found to be service-connected. The Board also finds that the Veteran has current diagnoses for his back, wrists, and shoulders conditions.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including right foot pain, left leg pain, inability to walk fast, inability to put pressure on fingers, right ankle disability, back disability, tendonitis of the left elbow, bilateral hearing loss disorder, psychiatric disability (claimed as bipolar disorder), diabetes mellitus, visual acuity disorder (claimed as secondary to diabetes mellitus), peripheral neuropathy of the upper extremities (claimed as secondary to diabetes mellitus), and kidney failure (claimed as secondary to diabetes mellitus).

The Veteran's lumbar spine disability is rated at 20 percent effective September 14, 2015. The condition results in flexion to 80 degrees with muscle spasm resulting in an abnormal spinal contour.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and updated medical records.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities prior to September 18, 2012 was denied. The RO granted the claim from September 18, 2012.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's appeals have been withdrawn by his representative in October 2016.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and ensuring the claims file is complete.

The Veteran's low back disability was rated at 20 percent since May 28, 2014. The claim for higher ratings prior to that date and for sciatica were denied.