Back / lumbar spine decisions — 2016

The Veteran's appeal for increased ratings for left wrist disability and back disability has been denied as there is no evidence to support higher ratings under applicable Diagnostic Codes.,Service connection for bilateral hearing loss, gastrointestinal disorder, and headaches have not been addressed.

The Veteran's appeal for an increased rating and CUE claim were both denied. The initial 10 percent evaluation was upheld, as the evidence did not support a higher rating under the old criteria.

The Board has remanded the claim for a new VA examination to determine if the Veteran's low back disability is related to his service. The examiner must consider the Veteran's reports of ongoing back pain since an in-service injury and provide a rationale for their opinion.

The Board has granted a 20 percent rating for the Veteran's low back disability effective from October 21, 2014. The decision also addressed other issues including TDIU and radiculopathy ratings.

The Board denied an increased rating for the Veteran's lumbar spine disability, finding that she was not entitled to higher ratings based on her flare-ups and loss of motion.

The Board denied service connection for the Veteran's claimed right elbow, right shoulder, and bilateral knee disabilities as they are not related to his active duty service.

The Veteran's service-connected disabilities prior to September 5, 2013 were rated at a combined 90 percent. Considering the totality of his service-connected conditions and their impact on his ability to work, these disabilities rendered him unable to secure or follow substantially gainful employment.

The Board found that the Veteran's low back disability was not incurred in service and is not shown to be related to any inservice event. Service connection for a low back disorder was denied.

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 20 percent, effective September 9, 2015. A separate rating for right lower extremity sciatic radiculopathy and left lower extremity sciatic radiculopathy as neurological manifestations of the service connected low back disability are also warranted.

The Board is remanding the case for further development, including obtaining a supplemental opinion from the February 2014 examiner regarding whether the Veteran's cervical spine disability was aggravated by his service-connected lumbar strain and TBI.

The Board has granted service connection for PTSD, sleep apnea, and low back disability. The Veteran's hiatal hernia is rated at 10 percent.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, SSA records, and a new examination to determine the etiology of his sleep apnea disability and the severity of his lumbar spine disability.

The Veteran's service-connected disabilities, including diabetes mellitus and peripheral neuropathy, are presumed to have been incurred in service. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's intervertebral disc syndrome of the lumbar spine is directly related to his active duty service, and thus grants service connection for this condition.

The Board has remanded the case due to incomplete records and need for further examination.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and providing a new VA examination. The issues of rating his lumbar spine disability and initial compensable rating for his right index finger disability are also pending.

The Board has dismissed the appeal for service connection of a left thumb disability due to withdrawal by the Veteran. The remaining issues of service connection for low back and bilateral knee disabilities are being remanded for further development.

The Board has determined that the claims for service connection for a right knee condition, sleep apnea, a low back condition, a bilateral eye condition, hypertension, and sinusitis/allergies have been granted. The remaining claim of service connection for a left knee condition is being remanded for further development.

The Veteran is entitled to payment or reimbursement for the cost of medical treatment provided at the Physicians Regional Medical Center on January 25, 2013, and on a date in March 2013 due to excruciating lumbar pain with radiation to the left leg. The nearest VA facilities were not feasibly available, and the Veteran acted reasonably by seeking emergency care.

The Board has granted service connection for a left knee disorder by way of aggravation. The low back disability claim is remanded to obtain additional medical opinions and VA treatment records.