Back / lumbar spine decisions — 2017

The Veteran meets the schedular criteria for a total disability rating based on individual unemployability due to service-connected PTSD, which renders him unable to secure or follow a substantially gainful occupation.

The Board has determined that the AOJ did not comply with previous remands and additional development is required. The Veteran's claims for service connection for a lumbar spine disorder and right ankle disorder are being returned to the AOJ for further action.

The Veteran's back disability, including degenerative disc disease of the lumbar spine and spondylosis, is found to be related to his in-service parachuting activities. Service connection for this condition is granted.

The Veteran's PTSD, ischemic heart condition, tinnitus, lumbar osteoarthritis, radiculopathy of the right leg, and ankle strain have rendered him unable to secure or follow a substantially gainful occupation due to his service-connected disabilities. The Board finds that he is entitled to TDIU based on his PTSD alone.

The Veteran's appeal was denied as his claim for an increased rating for a low back condition and the reduction in compensation from 20 to 10 percent for right lower extremity radiculopathy were both denied. The Veteran also failed to perfect his appeal on the issues of service connection for a chronic right ankle sprain and left knee condition.

The Veteran's service-connected lumbar spine stenosis has been rated at 20 percent since April 15, 2015. The Board finds that the evidence supports a higher rating.

The case is REMANDED for the following actions: obtain any outstanding VA treatment records, including (but not limited to) those from the Norfolk Veteran Center beyond October 2016 and the Hampton VAMC from beyond April 2016. Obtain private records Chesapeake General Hospital reflecting gastritis treatment from sometime in 1992 or 1993. If new pertinent evidence is obtained regarding the Veteran's claim of entitlement to gastritis based on the development above, request an addendum opinion from a VA examiner regarding the etiology of the Veteran's gastritis. Arrange for appropriate VA examinations to address the nature and etiology of low back, right thumb and/or right fourth finger condition.

The Veteran's appeals for service connection and increased ratings are being remanded due to incomplete factual premises in the prior medical opinions. The AOJ must arrange for an orthopedic examination to determine the nature and likely etiology of his right knee disability, as well as any secondary service connection claims.

The Veteran withdrew his appeal regarding the rating for degenerative disc disease of the thoracolumbar spine with a disc bulge at L4-5.

The Board has remanded the case due to incomplete service treatment records and missing VA treatment records. A new VA examination is needed to determine if the Veteran's back disability is related to his active service.

The Veteran's claim for an increased evaluation for his service-connected thoracolumbar spine disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination for his left forearm disability and an assessment of his lumbar spine and neck disabilities.

The Veteran's appeal for a rating in excess of 20 percent for arthritis of the lumbar spine was withdrawn.,Effective March 2, 2016, VA granted service connection for cardiac arrhythmia and hypertension. The Veteran is not entitled to an effective date prior to this date.,VA also granted service connection for cardiac arrhythmia and hypertension on March 2, 2016. However, the Veteran does not meet the criteria for an earlier effective date.,The Veteran's initial rating of 30 percent for cardiac arrhythmia is maintained as his workload was greater than 3 METs but not greater than 5 METs resulting in fatigue.,VA denied a higher initial rating for hypertension, as the Veteran's blood pressure readings did not meet the criteria for a higher evaluation.

The Veteran's appeal regarding increased evaluations for various service-connected conditions has been dismissed as the Veteran withdrew his claims prior to a decision being made.

The Veteran's service-connected back disability is rated at 20 percent since July 1, 2010. The rating for the right lower extremity radiculopathy remains at 10 percent.

The Board has determined that additional development is needed for the Veteran's low back disability and bilateral foot disorder claims. The case is being remanded to obtain updated VA treatment records, schedule a new VA examination for the low back disability, and request an addendum opinion from the examiner who conducted the October 2015 Neck (Cervical Spine) Conditions Disability Benefits Questionnaire examination regarding the etiology of the Veteran's foot disorder.

The Veteran's postoperative residuals of a total right knee replacement are rated at 60 percent since July 1, 2013. The Veteran's degenerative disc disease of the lumbar spine is not entitled to an increased rating.

The Board denied the Veteran's claims for service connection for a stomach disability and low back disability, finding that there was no evidence of a current disability related to his active service.

The Board has determined that the Veteran's low back disability and left hip strain are not caused or aggravated by his service-connected bilateral pes planus.

The Veteran's low back pain with degenerative disc disease and spondylolisthesis is currently rated at 40 percent from June 10, 2015. The appeal for higher ratings prior to that date has been denied.