Back / lumbar spine decisions — 2017

The Board has remanded the case for additional development due to incomplete records and for further medical opinions regarding whether the Veteran's diagnosed DJD of the lumbosacral spine or left hip was caused or aggravated by his service-connected left lower extremity shell fragment wound residuals.

The Board granted service connection for major depressive disorder, which is considered a full grant of the benefits sought on appeal regarding PTSD. The other issues were not addressed as they are no longer in dispute due to the grant of service connection.

The Veteran's service-connected chronic lumbar sprain with minimal scoliosis is rated at 20 percent effective July 23, 2016.

The Veteran's low back, bilateral hip, and bilateral knee disorders were not incurred or aggravated by service. His status-post spontaneous pneumothorax is rated at 10%.

The Board has granted the reopening of claims for service connection for right and left knee disorders, but denied these claims on the merits.

The Veteran's appeal is remanded due to the need for new and contemporaneous VA examinations, as well as a review of his TDIU claim.,The Veteran's appeal is remanded due to the need for new and contemporaneous VA examinations, including for the peripheral nerves. The RO must also ensure that copies of any outstanding records are obtained.,The Veteran's nerve disorder of the right leg needs to be evaluated by a VA examiner to determine if it is secondary to his service-connected disabilities or if it was incurred during service.,The Veteran's TDIU claim requires new and contemporaneous evidence, including for his service-connected disabilities.

The Veteran's back disability was rated at 20 percent prior to November 10, 2016 and increased to 40 percent thereafter. The Board found that the evidence did not support a higher rating based on ankylosis or incapacitating episodes.

The Veteran's claim for increased ratings for his service-connected low back disability was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent from May 15, 2007, to April 1, 2009.

The Board has granted service connection for a low back disability that is proximately due to or the result of a service-connected left leg length discrepancy. The Veteran's right knee disability remains at a 20 percent rating.

The Board has determined that the Veteran's current lumbar disabilities are not related to his active service and may not be presumed to have been incurred therein.

The Board has determined that the Veteran's current left knee and back disorders are as likely as not caused by his service-connected left ankle disability, granting service connection for these conditions.

The appeal is being remanded to obtain additional medical examinations and for further development of the claims.

The Veteran's service-connected lumbosacral spine disability alone has been of sufficient severity to produce unemployability since February 8, 2008. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disability and refers the issue for extra-schedular consideration.

The Veteran's lumbar spine disability was rated at 10 percent prior to May 25, 2012 and increased to 40 percent from that date.,Radiculopathy in each lower extremity was rated at 10 percent prior to May 25, 2012 and increased to 20 percent from that date. The rating remains null since August 24, 2015.

The Veteran's prostate disorder and back disorder are being remanded for further examination. The psychiatric disorder claim is related to a new and material evidence basis.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, and scheduling the Veteran for appropriate VA examinations to assess the severity of his service-connected thoracolumbar spine, right lower extremity radiculopathy, and prostatitis/epididymitis disabilities.

The Veteran's claims for service connection for a low back disability, right foot disability, right ankle disability, left knee disability, and heart disability have been reopened. The right foot disability claim has been granted. Service connection is not established for the other conditions.

The Veteran's claims for increased ratings were denied as his lumbar spine disability did not meet the criteria for a higher rating, and his sarcoma of the left medial arm did not require treatment in the past year.

The Veteran's claims for service connection for various disabilities, including restless leg syndrome, acquired psychiatric disability (claimed as PTSD), lower back disability, left hip disability, and sleep apnea, were denied. The Board found that the evidence did not support a diagnosis of restless leg syndrome or establish a nexus to service.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective June 1, 2012. The appeal was denied as the evidence did not meet the criteria for a higher rating.