Back / lumbar spine decisions — 2017

The Board has decided to remand the Veteran's service connection claim for a back disability due to insufficient development and lack of consideration of lay statements. The case will be returned to the AOJ for additional development, including obtaining treatment records from Bremerton Naval Hospital and requesting a supplemental opinion from the August 2015 VA examiner.

The Board has granted service connection for a right knee disability, thoracolumbar spine disability, and bilateral ankle disabilities. Service connection is also granted for right hip degenerative changes and post traumatic changes. The appeal is denied for the right hip disability.

The Board found that the appellant's pre-existing back and kidney disabilities were not aggravated by service, thus denying his claims for service connection.

The Veteran's service-connected left ankle, left knee, and low back disabilities did not render him unemployable prior to October 19, 2005.

The appeal is being remanded due to the need for updated VA treatment records and Social Security Administration records. The Veteran's claim will be reconsidered after these records are obtained.

The Board has determined that the Veteran's currently diagnosed low back disorders of DDD and arthritis are at least as likely as not aggravated by his service-connected DJD of the right and left knees, thus granting service connection for these conditions on a secondary basis.

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

The Board denied service connection for left shoulder and back disabilities, finding that the current conditions were not incurred or aggravated by service. The Veteran's claimed injuries during service are not shown to have resulted in chronic residuals.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been rated at the maximum available rating of 40 percent since November 23, 2015. The interstitial cystitis has also been rated at the maximum available rating of 60 percent for the entire appeal period.

The Veteran's PTSD is currently rated at 70% disabling, effective from February 26, 2016.,Prior to this rating change, the Veteran was granted a TDIU effective August 24, 2007.

The Veteran's lumbar spine disability was granted a 40% rating effective December 14, 2015. The other issues were not addressed as they are no longer before the Board.

The Veteran's degenerative disc disease lumbar spine was initially rated at 10 percent and has been granted a rating of 10 percent since September 28, 2010. The current condition from September 18, 2012, is not sufficient to warrant an increased rating.

The Board found that the Veteran's lumbar spine disability is currently rated as 10 percent disabling under Diagnostic Code 5237, and denied an increased rating greater than 10 percent.

The Veteran's thoracolumbar spine degenerative disc disease is currently rated at 40 percent, effective June 21, 2013.

The Board has remanded the case for further development, including an examination to determine if any current back disabilities are related to service and whether a pre-existing condition was aggravated by service. The Veteran's in-service diagnosis of osteochondrosis with thoracic kyphosis is also considered.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of his service-connected lumbosacral strain with L-5 radiculopathy and consideration of additional medical records.

The Veteran's claims for increased ratings for his service-connected knee and lumbar spine disabilities have been denied. The Board finds that the current disability ratings adequately reflect the severity of these conditions.

The Veteran's appeal has been withdrawn due to his intent to withdraw the appeal of these claims.

The Veteran's claim for service connection for low back pain and right leg sciatica as secondary to his service-connected disabilities is being remanded due to the need for additional examination and development.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. Service connection claims for back disability, right ankle sprain, and psychiatric disorder are pending.