Back / lumbar spine decisions — 2016

The Board denied the Veteran's claims for increased ratings for his low back and left knee disabilities, as well as service connection for a right knee disorder. The claim to reopen a right knee disorder was also denied. The decision did not address the TDIU claim.

The Board denied the Veteran's claims for higher schedular ratings for her right knee disability, radiculopathy of the right lower extremity, and degenerative disc disease and facet arthropathy of the lumbar spine. The Veteran's hypertension was not service-connected.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 40 percent, effective December 30, 2014. The Board found that a higher rating was not warranted for any period.

The Veteran has withdrawn his appeals regarding the issues of service connection for a lumbar spine disorder, including a scar; bilateral hearing loss; and a right hand disorder. As such, these claims are dismissed.

The Veteran's migraine headaches have been rated at a maximum of 50 percent since July 23, 2015. His right shoulder tendonitis remains at the 10 percent rating. The Veteran is not entitled to an increased rating for his pseudofolliculitis barbae and onychomycosis.

The Veteran's claim for an initial evaluation in excess of 10 percent for degenerative joint disease and disc disease of the lumbosacral spine was granted. The claim for a compensable evaluation for migraine and tension headaches from January 20, 2015, was also granted.

The Board has remanded the case for additional development and examination to determine the likely etiology of the Veteran's claimed disabilities, including whether they are related to service.

The Veteran's appeal is remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to assess his left foot calcaneal spurs and low back disorder.

The Board has reopened the Veteran's claim for service connection for low back strain and determined that new evidence received since the initial denial is sufficient to reopen the claim. However, the Board found no evidence linking the current low back disability to service.

The Board is remanding the claims for additional development, including obtaining VA treatment records from relevant facilities and notifying the Veteran of any inability to obtain requested documents.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's hypertension, ankle disorder, and low back disorder are all found to be related to service. The Board grants these claims.

The Board found that there is no evidence to support a direct relationship between the Veteran's current cervical spine disability and his service, including the 1996 fall. The radiculopathy of right upper extremity was also not shown to be related to service or any service-connected condition.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's low back disability is related to his service, including an injury lifting tires in 1974.

The Board of Veterans' Appeals has determined that the Veteran does not have a current low back disability and therefore, service connection for this condition is denied.

The Board finds that the Veteran's degenerative arthritis of the lumbar spine and degenerative disc disease of the thoracolumbar spine are related to his active service, with all reasonable doubt resolved in favor of the Veteran.

The Veteran's initial increased rating for DJD and DDD of the lumbar spine was granted, with a current evaluation of 40 percent effective October 6, 2014. The TDIU claim remains pending.

The Board has determined that further development is needed in this case to determine the nature and severity of the Veteran's left shoulder disability, as well as whether it is secondary to his service-connected thoracic outlet syndrome. The Veteran will be scheduled for a VA examination to address these issues.

The Board has determined that there was clear and unmistakable error in the May 2004 rating decision assigning an effective date of May 10, 2002 for service connection of a lumbar spine disability. The effective date is now set at January 14, 2002.

The Board has remanded the case for further development, including obtaining private treatment records and scheduling a VA examination to assess the current severity of the Veteran's low back disability.