Back / lumbar spine decisions — 2016

The Veteran's claims for increased ratings were denied as he failed to report for scheduled VA examinations.

The Board found that the evidence did not support a finding of service connection for thoracolumbar degenerative disc disease and disc herniations, as it was less likely than not related to or resulted from the Veteran's military service. The claim for a higher rating for low back strain disorder also failed due to lack of evidence showing such disability had worsened beyond what is reasonably expected.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for further development.

The Veteran's lumbar spine disability resulted in forward flexion to 30 degrees or less but did not result in unfavorable ankylosis of the entire thoracolumbar spine, intervertebral disc syndrome resulting in incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, or associated objective neurologic abnormalities other than radiculopathy of the bilateral lower extremities. The Veteran's radiculopathy of the right and left lower extremities approximated no more than moderate incomplete paralysis.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine was denied as there were no incapacitating episodes and the range of motion did not meet criteria for ankylosis. The TDIU issue is addressed in the REMAND portion.

The Board has determined that the Veteran's current low back and bilateral knee disorders did not manifest during service or within one year of separation, and there is no evidence of chronicity. The claims for service connection are therefore denied.

The Veteran's appeal is being remanded due to the need for a new examination and because any determinations with respect to increased rating would affect his TDIU determination.

The Veteran's claims for increased disability ratings were denied. The Board found that the evidence did not support a grant of service connection for carpal tunnel syndrome, and his lumbar spine disability was rated as 20 percent disabling based on painful limitation of motion.

The Veteran's low back disability was found to not meet the criteria for a higher rating prior to April 11, 2016. Since that date, it has been found to still not meet the criteria for a higher rating.

The Board has determined that the Veteran does not have a current stomach condition or any other service-connected disabilities, and thus cannot grant service connection for these issues.

The Veteran's lumbar spine disability is currently rated at 40 percent, the maximum schedular rating available. The Board finds that there is no evidence of ankylosis or intervertebral disc syndrome to warrant a higher rating. The claim for TDIU was also denied as the Veteran does not meet the criteria for a TDIU based on his service-connected disabilities.

The Board denied the Veteran's claims for service connection for a low back disability, a compensable evaluation for residuals of a right radius fracture, an evaluation greater than 10 percent for residuals of a right heel fracture, and a rating in excess of 10 percent prior to December 6, 2005, and in excess of 30 percent thereafter for chronic right shoulder separation, status post distal clavicle resection surgery.

The Board has remanded the case for further development, including obtaining specific dates of active duty and private treatment records.

The Board has remanded the case due to a lack of consideration of new evidence and potential for staged ratings.

The Board has denied the Veteran's claims for service connection for low back, left hip, and right hip disabilities on a secondary basis to his now service-connected bilateral knee disabilities. The VA examiner found that these conditions are not related to his service-connected knee disabilities.

The Board denied the Veteran's claims for service connection for low back injury and respiratory disability, finding no evidence to support direct or secondary service connection.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claims for an increased rating for low back strain and TDIU are now before the Board.

The Veteran withdrew all appeals regarding her disability claims prior to the Board's decision.

The Board has determined that the Veteran's current degenerative disc disease with arthritic changes of the lumbar spine had its onset in service, and thus granted service connection for this condition. The issues regarding gout and GERD as secondary to diabetes mellitus are remanded.

The Board has remanded the case due to perceived deficiencies in its analysis of the Veteran's claim for service connection for a lower back disorder. The case needs further development and an addendum opinion from a VA examiner.