Back / lumbar spine decisions — 2016

The Veteran's low back disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate criteria for a higher rating due to lack of incapacitating episodes and limitation of motion.

The Board finds that the Veteran's current low back disorder, including degenerative disc disease, is related to a work-related injury in 2004 and not service connection.

The Board has determined that additional development is necessary before the underlying claim of service connection for a lumbosacral spine disability can be adjudicated on the merits.

The Board has reopened the Veteran's service connection claim for a back disability and remanded it for further development. The case will be returned to the Board after additional evidence is considered.

The Board found that the medical treatment provided by SCH on June 25, 2009 did not meet the prudent layperson standard for an emergency condition and thus denied payment or reimbursement of unauthorized medical expenses.

The Board has decided to remand the case for further development and an examination, as the current VA examination is inadequate and there are conflicting opinions regarding the etiology of the Veteran's low back disorder.

The Board has determined that the Veteran's current back disability, at least in part, began during and continued since his 1975 period of Active Duty for Training (ACDUTRA) service. The appeal is granted.

The Board has denied the Veteran's claims for service connection for a low back disability and polysubstance dependence/mood disorder, claimed as an acquired psychiatric condition, to include anxiety, depression, and PTSD. The decision is based on the lack of current hearing loss disability for VA purposes.

The Board found that the Veteran's current back disability is not related to service and denied his claim for service connection. For ischemic heart disease, the Board determined that a rating in excess of 30 percent was not warranted prior to June 21, 2012, but from June 21, 2012 through July 24, 2015, the disability more nearly approximated a workload of greater than 5 METs with left ventricular ejection fraction between 60 and 65 percent. Beginning July 25, 2015, the rating was not in excess of 30 percent.

The Board is remanding the case for additional development to obtain VA treatment records and any private medical records related to the Veteran's lumbar spine disorder, including those from his work injury in 2003. The claim will be reconsidered based on all evidence received.

The Veteran has withdrawn his appeals for the service connection claims related to low back, bilateral hip, bilateral knee, bilateral ankle, and right foot disabilities. As a result, the Board does not have jurisdiction to further consider these issues.

The Board has granted service connection for lumbar spine degenerative joint disease and degenerative disc disease, finding that the Veteran's current back pain is related to her in-service injuries. Service connection was denied for left ankle disorder due to lack of a causal link between the current condition and active service.

The Veteran's TDIU claim is granted from February 13, 2015. Prior to that date, his service-connected disabilities did not preclude him from obtaining or maintaining substantially gainful employment. From that date, the combined rating of 90 percent due to bilateral upper extremity neuropathy and cervical spine disability made a TDIU warranted.

The Veteran's appeal is being remanded due to incomplete records, the need for an addendum opinion regarding erectile dysfunction, and a need for a medical opinion on the severity of his right lower extremity neurological disorder.

The Veteran's appeal is being remanded for a Travel Board hearing at an appropriate RO, taking into consideration his request to have the hearing scheduled closer to his address.

The Veteran's cervical spine DJD and lumbar spine DOD are granted as secondary to his service-connected low back strain with spondylolisthesis, herniated nucleus pulposus, and radiculopathy. The issue of an increased disability rating for the low back strain is remanded.

The Board has reopened the Veteran's claims for service connection for a back condition, sleep apnea, headaches, and TMJ. The evidence does not support a finding that these conditions are related to service.

The Veteran's service treatment records do not show any cold injury residuals or degenerative disc disease of the lumbar spine. The examiner found no evidence of cold injury residuals and stated that current symptoms are consistent with normal aging outcomes.,Degenerative disc disease was noted on examination for entry into service, but there is no indication in the STRs that it worsened during service.

The Board has determined that the Veteran does not have a current back disorder related to service and therefore denied his claim for service connection. The claims for headaches, right upper extremity neurological disorders, and right lower extremity neurological disorders are also denied.

The Veteran's lumbar spine disability is rated at 20 percent, effective November 18, 2015. The Board found no evidence of ankylosis or incapacitating episodes meeting the criteria for a higher rating prior to that date. Ratings for his left and right elbow disabilities remain at 10 percent.