Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling new VA examinations to assess the severity of his service-connected lumbar spine disorder and bilateral lower extremity radiculopathy.

The Board has remanded the claims for additional development due to inadequate examinations and inextricably intertwined issues.

The Board has determined that the Veteran's claimed conditions are not service-connected due to lack of evidence showing a nexus between his current disabilities and active service.

The Veteran's claims for service connection for right knee, left knee, lumbar spine, and neck disabilities have been granted.,All issues on appeal are now resolved.

The Veteran's claims for service connection were denied across multiple conditions, including PTSD, alcohol abuse, GERD, diverticulosis/diverticulitis, sleep apnea, erectile dysfunction, and peripheral neuropathy. The Board found no evidence of a nexus between these conditions and active service or any service-connected disabilities.

The Veteran's service-connected lumbar spine disability has been productive of forward flexion to 60 degrees at worst with pain on motion and functional loss, but not by favorable ankylosis. The criteria for a disability rating in excess of 20 percent have been met.

The Veteran's service-connected lumbar spine disability has been rated at 50 percent since December 2009. The Board found that the evidence did not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's claims for service connection for lumbosacral strain, right ankle disability, and personality disorder were denied by the RO in April 2010. The effective date of his awards was January 13, 2012.,The Veteran's claim for a right ankle disability has been reopened due to new evidence submitted since the April 2010 denial.

The Veteran's degenerative osteoarthritis of the lumbar spine with IVDS was granted an initial rating of 20 percent from April 5, 2010 forward.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus TDIU compensation is denied.

The Board found that the Veteran's current diagnosed post-operative lumbosacral spine disorder, including injury residuals, degenerative disc disease, and spinal fusion is related to his military service.

The Board has remanded the case for additional development due to incomplete records from VA facilities.

The Board found that there was no evidence of a chronic low back disability in service, and the current lumbosacral spine disability did not manifest within one year post-service separation. The radiculopathy of the lower extremities also did not meet these criteria.

The Board has remanded the case for additional development and review of the claims.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected lumbar spine disability. The issues on appeal are whether he should receive an increased rating prior to October 12, 2010 and as of that date.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining missing VA medical records and scheduling the Veteran for VA examinations to determine the nature and etiology of his lumbar spine disability and acquired psychiatric disorder.

The Board has determined that the Veteran's current low back disability did not manifest during service or within one year of discharge, and there is no evidence linking his current condition to service. The claim for service connection for a lumbar spine condition is denied.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for diabetes was not granted, chronic otitis externa did not warrant a compensable rating, the lumbar spine disability received an increased rating but remained at 20 percent, cervical spine disorder, bilateral hip disorder, knee disorder, ankle disorder, kidney disorder (hypertension), heart disorder (hypertension), erectile dysfunction, and peripheral neuropathy of both upper and lower extremities were not granted service connection. The Veteran's diabetes was rated as 20 percent disabling.

The Veteran's migraine headaches disability is currently rated at 30 percent, effective from May 28, 2012. The claim for a higher initial evaluation remains denied.