Back / lumbar spine decisions — 2016

The Board has remanded the case to the AOJ for a new VA examination and to provide an adequate rationale for any nexus opinion offered.

The Veteran's lumbar spine disability has been productive of subjective complaints of pain, tenderness, and stiffness with objective findings of limitation of motion of the thoracolumbar spine demonstrating flexion to 55 degrees, at worst. There were no incapacitating episodes and no objective findings of additional limitation of motion or function due to painful motion, fatigue, weakness or incoordination.

The Veteran's service-connected radiculopathy of the left lower extremity was granted a rating in excess of 20% effective February 8, 2012. The Veteran's service-connected degenerative disc disease of the lumbosacral spine was granted a rating in excess of 20% thereafter.

The case is REMANDED to the Agency of Original Jurisdiction (AOJ) for further development. The appellant and his representative will be given an opportunity to respond.

The Veteran's service-connected hip and low back disabilities prevent him from securing or following a substantially gainful occupation.

The Board found that the Veteran's lumbar spine disorder is not related to his active service or any service-connected disabilities, and thus denied his claim for service connection.

The Board has reopened the claims for service connection for head trauma, chronic headaches, an acquired psychiatric disorder (claimed as depression and PTSD), and a back disorder. The Veteran submitted new evidence that raises a reasonable possibility of substantiating these claims.

The Veteran's claims for diabetes, kidney disorder, left leg disorder, and various other conditions have been denied as there is no evidence of a current disability or a link to service. The Veteran's diabetes was not incurred in service and her kidney and left leg disorders are not related to service.

The Veteran's appeal is being remanded due to the need for a hearing on his claims.

The case is REMANDED for the following actions: (1) Adjudicate the issues of entitlement to an effective date prior to March 19, 2003, for the grant of entitlement to service connection for tinnitus and entitlement to service connection for bilateral hearing loss; if the benefits sought cannot be granted, issue a statement of the case in accordance with applicable law and regulations. (2) Obtain VA treatment records from September 2014 to the present. (3) Schedule the Veteran for a VA examination to assess the nature and severity of his service connected residuals from a lumbar spine herniated disc with degenerative arthritis. The examiner should determine whether it is at least as likely as not that the Veteran has a neurologic disability impacting either of his lower extremities that is the result of his service connected back disability. (4) Then readjudicate the appeal.

The Veteran's right side ilioinguinal nerve neuropathy is found to be caused by the service-connected postoperative residuals of inguinal hernia, and thus granted as secondary. The issue of service connection for a back disorder is remanded.

The Board denied the Veteran's claims for service connection for sinusitis and an initial disability rating in excess of 20 percent prior to July 22, 2010 for degenerative changes of the lumbar spine at L2-L3. The Veteran does not have a current diagnosis of chronic sinusitis, but his low back disability has manifested with pain and limitation of motion throughout the period on appeal.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran did not meet the criteria for a schedular disability rating in excess of 20 percent for his low back disability from February 21, 2008 until May 14, 2013, or for a rating in excess of 40 percent since May 14, 2013. The issue of entitlement to an extraschedular rating was also denied.

The Board has remanded the case due to outstanding VA treatment records and the need for additional examinations related to the Veteran's claimed conditions. The claims will be readjudicated after these developments.

The Board finds that the Veteran's degenerative joint disease and degenerative disc disease of the lumbar spine are etiologically related to his service, with current manifestations dating back to at least 1969. The evidence is in relative equipoise as to whether these conditions were aggravated by active duty.

The Veteran's appeals for higher initial ratings for left and right knee DJD, as well as lumbar spine DDD were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for these conditions.

The Board has granted service connection for a bilateral hip disorder, characterized as osteoarthritis, and denied service connection for a lumbar spine disorder. The Veteran's bilateral hip disorder is found to be secondary to his service-connected right and left knee disabilities.

The Board has decided to remand the Veteran's claim for a low back disability due to inadequate VA opinion and need for additional medical evidence. The case will be returned to the AOJ for further action.

The Board found that the Veteran's current lumbar spine disability is not related to his service, including a 1970 incident where he was struck by a large barrel. The disability did not manifest within one year of discharge and there is no evidence linking it to service.

The Board found that the Veteran's private medical treatment from July 17, 2012 to July 20, 2012 was not for a medical emergency and VA facilities were feasibly available. Therefore, reimbursement of unauthorized medical expenses is denied.