Back / lumbar spine decisions — 2017

The Board has dismissed the Veteran's claims for service connection for a right eardrum disorder, respiratory disorder, and left elbow and thumb disorders. The remaining issues of service connection for tinnitus, bilateral hearing loss, cervical spine disability, low back disability, increased ratings for the right and left knees, right forearm scar, left cornea scar, and left shoulder disorder are denied.

The Board has remanded the case for additional development, including a new VA examination to assess the severity of the Veteran's service-connected cervical spine disability. The Veteran will be provided with another opportunity to respond after the supplemental statement of the case is issued.

The Veteran's back disability is not rated on an extraschedular basis and he has failed to meet his evidentiary burden for a TDIU, as the Veteran has not provided additional information about his education and prior work experience.

The Veteran's claims for service connection for a back disability and left knee disability have been reopened. The claim for increased rating of right tibia fracture remains unresolved.,There is no current evidence of a left knee disability, but the Veteran has reported pain in his left knee. Service connection cannot be granted as there is no diagnosed condition.

The Veteran's back disability is rated at 20 percent, and his left knee disability is rated at 10 percent. The Board finds no basis to grant higher ratings for either condition based on the evidence of record.

The Veteran asserts that he is unemployable due to his service-connected disabilities, specifically PTSD, right knee disability, low back disability, and reflex sympathetic dystrophy of the left arm. The Board finds it necessary to remand the claim for a 'combined effects' medical opinion in order to sufficiently address the issue on appeal.

The Veteran's claim for an increased rating for service-connected lumbar strain/sprain and degenerative disc disease was denied because she failed to report for a scheduled VA medical examination.

The Veteran's claim for an increased rating for his service-connected low back strain with minimal to mild L3-S1 degenerative disc disease is being remanded due to the need for a current VA medical examination and consideration of new evidence.

The Board has reopened the Veteran's claims for service connection for a cervical spine disability, lumbar spine disability, and respiratory disability (including Valley Fever/coccidiomycosis and OSA), finding that new and material evidence was received. The Veteran's OSA is found to be proximately due to his service-connected sinusitis.

The Veteran's appeal is being remanded due to the failure of a scheduled hearing before a Veterans Law Judge sitting at the RO. The case will be returned for further action.

The Veteran's appeal is being remanded due to the need for additional medical records and an addendum opinion regarding his service connection claims.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of any current skin disorders.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of her service-connected bilateral foot disability and back disability.

The Board has determined that the Veteran's current back disability, including degenerative disc disease of the lumbar spine and disc herniation, was not caused or aggravated by military service.

The Veteran's appeal is being remanded to schedule a hearing at his local VA office due to his inability to travel to the Washington D.C. office.

The Board has determined that the Veteran's claimed psychiatric, neurological, musculoskeletal, and orthopedic conditions are not related to his active service. The evidence does not support a finding of in-service injury or exposure.

The Veteran's low back disorder, characterized by arthritis with forward flexion limited to 75 degrees due to pain, does not meet the criteria for an increased rating in excess of 20 percent.

The Board has determined that the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) was not raised by the Veteran or the record as part of his appeal for increased evaluations for bilateral pes planus with calluses. As such, the Board lacks jurisdiction over this matter and refers it to the Agency of Original Jurisdiction (AOJ).

The Veteran's service-connected DJD of the lumbar spine is currently rated at 10 percent, effective June 9, 2016. The Board finds that a remand is necessary to adequately rate this condition.

The Veteran's claim for special monthly compensation (SMC) at the housebound rate since August 1, 2010 is denied as he does not meet the criteria for SMC under VA regulations.