Back / lumbar spine decisions — 2017

The Board found no evidence of chronic right knee or low back disabilities during service and denied the Veteran's claims for service connection on a direct basis due to lack of in-service incurrence or aggravation.

The Veteran's service connection claims for a back disability, right ear hearing loss, left leg numbness, and skin disability are being remanded due to the need for additional medical opinions.,For his right ear hearing loss claim, the Board finds that there is not enough evidence to determine if it was incurred in or aggravated by service.

The Veteran's initial compensable evaluation for left leg sciatica prior to January 5, 2015 and a rating in excess of 20 percent thereafter has not been met. The Board finds that the criteria for an increased evaluation have not been satisfied.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for a new VA examination to assess the current severity of his disability.

The Veteran's service-connected disabilities (PTSD, bilateral hearing loss, and back disability) render him unable to obtain and maintain substantially gainful employment.

The Board finds that there is no evidence to support a service connection claim for the Veteran's bilateral hip condition, as his current disability does not meet the criteria for presumptive service connection under 38 C.F.R. § 3.317 due to undiagnosed illness or qualifying chronic disability associated with his Persian Gulf War service. The Board also finds that there is no evidence of a preexisting degenerative joint disease and herniated lumbar disc shown in 1998, which would be aggravated by active duty service from February 2003 to March 2004.

The Board has determined that the Veteran's thoracolumbar spine disability is caused by his service-connected knee disabilities, and thus grants service connection for this condition as secondary to those disabilities.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Board has denied the Veteran's claims for service connection for a low back disability, neuropathy of the left leg, and a left knee disability. The reasons are provided in the decision summary.

The Veteran's low back disability was rated at 10 percent from September 1, 2006 to February 10, 2015 and at 40 percent from February 11, 2015 to present. The Board found the evidence did not support a higher rating during this period.

The Veteran has withdrawn his appeals regarding the ratings for right knee degenerative arthritis, left knee degenerative arthritis, and chronic low back strain prior to October 26, 2015. The appeal is dismissed.

The Board found that the Veteran's current back disability is not related to his active service and denied his claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to assess the current severity of his service-connected lumbar spine and radiculopathy disability. The case will also be re-considered in light of any new evidence.

The Veteran's appeal is being remanded for additional development, including the provision of a new VA examination to address the etiology of his right hip and low back disorders.

The Board has remanded the case due to non-compliance with previous directives and a need for an addendum to the May 2016 spine examination.

The Board found that the Veteran's low back disability did not start during service or within one year thereafter, was not caused by his active service, and was not caused or aggravated by a service-connected condition. Therefore, the claim for service connection for low back disability is denied.

The Veteran's appeal was denied for an increased rating for his low back disability, radiculopathy of the right and left lower extremities, service connection for a psychiatric disorder secondary to his low back disability, and TDIU. The Board found that the assigned schedular ratings adequately reflected the Veteran's disability picture.

The Board has decided the appeal is REMANDED due to new evidence submitted by the Veteran and a need for further examination. The issues of an increased evaluation for low back disorder and TDIU are being remanded.

The Board has dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board has remanded the case for additional development due to incomplete medical records and the Veteran's incarceration.