Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's thoracolumbar spine disability is related to his active duty service and grants service connection for this condition.

The Board has denied reopening of the appellant's claims for service connection for a back disorder, heart condition, and hyperthyroidism due to lack of new and material evidence.

Service connection for lumbar spine degenerative disc disease and ligamentum flavum hypertrophy was granted.,The Veteran's right shoulder rotator cuff tendinitis prior to September 30, 2010, did not meet the criteria for a higher disability rating.,The Veteran's left shoulder rotator cuff tendinitis prior to September 30, 2010, did not meet the criteria for a higher disability rating.,Since August 22, 2011, the Veteran's cervical spine degenerative disc disease was rated at 30%.

The Veteran's low back disability is currently rated at 20 percent, which covers the orthopedic manifestations. Right lower extremity sciatic radiculopathy is separately rated at 20 percent.

The Veteran's appeal is being remanded due to issues with the mailing address and for obtaining additional medical records related to her low back, right knee, psoriasis, and eczema claims.

The Veteran's claims for a higher rating for his lumbar spine disability and TDIU are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling an orthopedic examination.

The Board has remanded the case for further development due to an inadequate medical opinion in a previous VA examination.

The Board denied the Veteran's claims for service connection for residuals of a head injury and residuals of a fall to the left side, finding no evidence of current disabilities related to in-service injuries. The claim for hearing loss was also denied as there is no basis for a compensable rating.

The Board has remanded the case for further development and consideration due to inadequate medical opinion in denying service connection for a low back disorder. The Veteran's claim will be reconsidered based on all available evidence.

The Veteran's service-connected residuals of a chest injury, chronic cervical spine pain with limitation of motion from April 11, 2007, and thoracolumbar spine pain with limitation of motion from April 11, 2007 are currently rated at the maximum allowable under VA regulations. The Board finds no basis to grant higher ratings for these conditions.

The Board has remanded the Veteran's claims for additional development, including a new VA medical examination and an inquiry into Social Security Administration records. The issues of service connection for left knee disability and right knee disability are also on appeal.

The Board has determined that the Veteran's current back and hip disabilities, as well as his sinusitis and constipation, are not related to service. The preponderance of evidence indicates these conditions did not manifest during or within one year after service, and there is no credible continuity of symptomatology.

The Veteran's service-connected chronic lumbar strain with degenerative disc disease was found to meet the criteria for a 10 percent disability rating prior to August 16, 2016.

The Board is remanding the case to obtain a new VA examination and address the September 1957 service treatment record noting tenderness in the lumbosacral area, which may be related to the current low back disability.

The Veteran's claim for a disability rating in excess of 40 percent for his service-connected back disability, including ankylosing spondylitis and intervertebral disc syndrome, was granted. A separate disability rating for scar residuals from thoracic spine surgery is also granted. The temporary total disability rating due to surgical treatment on January 13, 2003, is granted.

The Board has determined that the Veteran does not have a currently diagnosed psychiatric disorder, and his claimed back, neck, knee, hip, and nerve disorders are not related to service. The claim for service connection is therefore denied.

The Board has determined that the Veteran's low back disorder is not service-connected as it did not manifest during his active duty service and there is no evidence of a nexus between his current condition and any in-service injury or event.

The VA determined that the Veteran's current low back disability is not related to his active service, and therefore denied his claim for service connection.

The Board has granted service connection for a cervical spine disability and determined that the Veteran meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's claim for higher ratings for his lumbar spine, right knee, and left fifth finger conditions was denied. The Board found that the evidence did not support a rating in excess of 20 percent for degenerative disc disease, lumbar spine, L3-S1 prior to April 18, 2015, or as of April 18, 2015.