Back / lumbar spine decisions — 2017

The Board has determined that additional development is needed, including obtaining private medical records related to the Veteran's low back disability and any treatment for a pinched nerve. The case will be remanded for further action.

The Board denied the Veteran's claims for service connection for a low back condition and left ankle condition, both secondary to his service-connected left knee disability.

The Veteran's appeal is being remanded for additional examinations and development to determine the current severity of his service-connected lumbar spine disability, bilateral hearing loss, neurogenic bowel disorder, and cervical spine condition. The Veteran also needs VA examinations to address whether his cervical spine condition is related to his active service or service-connected lumbar spine disability.

The Veteran withdrew the appeal of the issue of entitlement to an increased disability rating for post-operative injury, left foot, with bunion, scars, and complex regional pain syndrome of the left lower extremity.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before a Veterans Law Judge (VLJ). The rating decision remains pending and will be reconsidered.

The Veteran's service-connected residuals of left proximal fifth metatarsal fracture do not warrant a compensable rating. The Board found no evidence that the Veteran's left shoulder AC joint arthrosis, cervical spine degenerative disease, or low back disability are related to his active service.

The Veteran's PTSD has been rated at 70 percent, the highest available rating. The Board also granted a TDIU based on his service-connected disabilities.

The Veteran's degenerative disc disease of the lumbar spine, status-post fusion, is rated at 40 percent since January 26, 2016. The Board also granted TDIU effective from that date.

The Board has determined that the Veteran does not have a diagnosed disability manifested by sleep problems or difficulty sitting and standing, other than his service-connected low back disability. The claim for cataracts is denied as there is no evidence of inservice cataracts.,Regarding the increased ratings for lumbar spine and left lower extremity radiculopathy, new VA examinations are required due to the Veteran's suggestion that his symptoms have worsened since the last examination.

The Veteran's sleep apnea is service connected, and his left toe fracture with residuals and low back degenerative disc disease are also service connected. The Veteran's sciatic neuritis of the lower extremities have been rated appropriately.

The Veteran's appeal is being remanded due to his inability to attend the scheduled hearing. The case will be returned for further review after rescheduling a new hearing.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence was not received to reopen the claim of right shoulder disability, but left knee arthritis is service connected. The Veteran's right knee disabilities are rated based on limitation of motion.

The Veteran is granted an effective date of March 18, 2008 for the grant of service connection for degenerative disc disease of the lumbar spine with bilateral lower extremity radiculopathy (previously claimed as back injury).,The Veteran's claim for individual unemployability is denied due to lack of timely filing.

The Board found that the Veteran's cervical and thoracolumbar spine disorders preexisted his second period of active service and were not aggravated by such service. Therefore, service connection for these conditions is denied.

The Veteran's appeal is granted, with a TDIU being awarded. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's claim for non-service connected pension benefits was denied as he is not totally or permanently disabled due to non-service-connected disabilities and therefore is not eligible for a non service-connected pension.

The Veteran's low back disability, including its orthopedic manifestations and associated radiculopathy of the right and left lower extremities, is rated at 40 percent for the period from May 2005 to present.

The Veteran's combined rating for his service-connected conditions is 90 percent, which meets the criteria for a total disability evaluation based on individual unemployability due to service-connected disabilities. However, the evidence does not support a finding that he is unable to secure and follow a substantially gainful occupation solely due to these conditions.

The Board has determined that there is no evidence to support the Veteran's claim of service connection for degenerative joint disease of the lumbar spine, and thus the claim is denied.

The Board has determined that further development is required before adjudication can proceed, including obtaining service hospital records and VA treatment records. The case is now REMANDED for these actions.