Back / lumbar spine decisions — 2016

The Veteran's appeals have been withdrawn, and the issues are dismissed.

The Veteran's appeal for an earlier effective date for the restoration of a 20 percent evaluation for his low back disorder is dismissed as he has withdrawn his appeal.

The Veteran's left knee degenerative arthritis is rated at 10%.,Cervical intervertebral disc syndrome was initially rated at 20%, and from September 27, 2013 to December 8, 2014, it was rated at 30%. From December 9, 2014, the rating is 30%.,Thoracolumbar spine DDD with lumbar intervertebral disc syndrome and thoracic disc herniation has been rated as 20% from December 9, 2014.,Peripheral neuropathy of the right upper extremity was initially rated at 30%. From December 9, 2014, it is rated at 30%.,Right hip strain has a rating of 10%.,Status post bilateral inguinal hernia repair with scars have been rated as 10% since August 30, 2002 and remains at 10%.,Left knee scarring was initially rated at noncompensable (0%) prior to September 27, 2013. From September 27, 2013, it is rated as 20%

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records and scheduling the Veteran for a VA examination to assess his low back disability.

The Veteran's appeal involves three issues: increased ratings for TBI and lumbar spine disability, and a proposed reduction in the rating for prostate cancer. The case is being remanded to provide additional examinations and adjudication of these claims.

The Board has granted service connection for a back disability, left knee disability, and headache disability. The Veteran's conditions are related to his active military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a back examination. The issues of service connection for a back disability and associated right lower extremity disorder, as well as an initial rating in excess of 10 percent for a varicose vein of the right leg, are pending.

The Veteran's claim for service connection for a back disability has been reopened, and he is now entitled to the maximum schedular rating of 10%.,His initial tinnitus rating remains at 10%, as it is the highest available under VA regulations. The Board did not address his request for extraschedular consideration.

The Veteran's migraines have resulted in very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability for the pendency of the appeal, warranting a 50 percent disability rating.

The Board has determined that the Veteran's positional sleep apnea is likely attributable to his active military service, and thus grants service connection for this condition.

The Board found no evidence of a chronic lumbar spine disability related to service and denied the claim.

The Board has determined that the Veteran's low back disability was not incurred in service and is therefore denied.

The Veteran's claim for service connection for a low back disability was dismissed due to his failure to provide necessary release forms for the requested medical records, which led to the abandonment of the claim.

The Veteran's back disability, including his congenital partial sacralization of the left L5 vertebra/lumbarization of S1 and degenerative arthritis and Degenerative disc disease (DDD) of the lumbar spine, was not incurred or aggravated by service. The Board finds that the current back disabilities are not related to active service.

The Veteran's claims of entitlement to service connection for a right shoulder disability, lower back disability, bilateral ankle disability, IBS with residuals of a parasite infection, and headaches have already been granted by the AMC.

The Board has remanded the claims due to incomplete development, specifically failing to obtain a supplemental VA medical opinion for the lumbar spine and rescheduling an examination for the right ankle. The Veteran's service records show complaints of back pain in service and post-service right ankle surgeries.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records prior to May 2002.

The Board finds that the Veteran does not have a current lumbar spine disability that is related to his active military service. The preponderance of evidence shows no chronic lumbar spine disability during or within one year after service.

The Board has ordered a remand to obtain an adequate VA medical opinion regarding the etiology of the Veteran's low back disorder and whether his service-connected right tibia fracture aggravated any current back disability. The case will be returned for further action.

The Board found no evidence to support a service connection claim for degenerative arthritis of the lumbar spine, as there is no credible evidence of symptoms during or immediately following service and no medical opinion linking current disability to service.