Back / lumbar spine decisions — 2016

The Veteran's service-connected chronic low back strain with degenerative joint and disc disease has been evaluated at 20 percent since July 15, 2005. The current evaluation is appropriate as the evidence does not show forward flexion of the thoracolumbar spine limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least four weeks during a 12-month period.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to determine the nature and extent of his service-connected spine and right and left knee disabilities.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection for low back disability and bilateral knee disability. The Veteran will be provided with VA examinations to determine the nature and etiology of his current disabilities, as well as any pertinent private treatment records.

The Veteran's service connection claims for refractive error, coronary artery disease, lumbar spine disorder, and chronic obstructive pulmonary disease have been denied. The claim for increased rating of PTSD has also been denied.

The Veteran's appeal involves multiple service connection claims for various conditions, including respiratory disorders, dysphagia, low back disorders, leg and foot disorders, psychiatric disorders, Dupuytren's contracture of the hands, substance abuse disorder, liver disorder, sleep disorders, and headaches. The appeals are currently remanded due to incomplete records and need for additional medical opinions.

The Board has remanded the case for further development, including obtaining an opinion on whether any disability is related to active duty or secondary to a service-connected condition. The Veteran's bilateral hearing loss and tinnitus claims are also being addressed.

The appeal has been dismissed as the Veteran's representative withdrew it prior to a decision being made.

The Board denied the Veteran's claims of entitlement to increased ratings for his low back disability, right leg L5 radiculopathy, and service-connected right ear hearing loss. The claim for tinnitus was also denied.

The Veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to inconsistencies in the examination findings and continued complaints of pain. A new VA examination is needed to determine the current severity of the disability.

The Veteran's appeal is being remanded for additional development to determine the etiology of his claimed conditions and whether they are related to service.

The Board has determined that the case must be remanded due to incomplete records and an inadequate VA examination. The Veteran's service connection claims for a low back disorder and left lower extremity radiculopathy will need further development.

The Veteran's osteoarthritis of the lumbar spine was granted a rating of 40 percent prior to August 20, 2012, and in excess of 40 percent thereafter. The condition is not service-connected based on exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or other presumptive conditions.

The Board has determined that the Veteran does not have current diagnoses for several of his claimed conditions, and thus service connection cannot be granted. The claims are denied.

The Veteran's appeal is remanded for additional development to determine the nature and etiology of her claimed disabilities, including whether they are related to service.

The Veteran's claim for a higher initial rating for his service-connected chronic lumbar muscle strain is being remanded due to the need for a VA examination and updated medical records.

The Veteran's claim for an earlier effective date for the grant of service connection for lumbar myositis was denied. The Board found that the earliest claim for lumbar myositis was submitted in April 2012, and therefore, the effective date is set at April 2, 2012.

The Veteran's sinusitis claim is addressed in the decision. The Board finds that there is no evidence of a current disability and no relationship to service.,Regarding the right shoulder, the VA examiner opined that the current condition was less likely than not incurred in or caused by an in-service injury, event, or illness. However, the Veteran has additional medical evidence from an MRI showing tendinopathy and/or an incomplete thickness tear involving the supraspinatus tendon.,For the cervical spine disability, the VA examiner opined that it is less likely than not incurred in or caused by an in-service injury, event, or illness. The Board finds this opinion more persuasive given the lack of documented treatment for neck pain after discharge and normal X-ray studies for many years following discharge.,The lumbar spine disability claim has been reopened but remains denied as there is no evidence of a current disability and no relationship to service.

The Veteran's claim for pseudofolliculitis has new and material evidence received, but service connection is denied. The right shoulder disability claim remains pending due to need for additional examination. Service connection for the lumbar spine condition was previously denied.

The Board has determined that the Veteran's current disabilities of the right knee, lumbar spine, and cervical spine are not related to his military service.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations, as well as the potential impact on his entitlement to TDIU.