Back / lumbar spine decisions — 2017

The Board has remanded the Veteran's claims for additional development due to incomplete information and consent to obtain private records.

The Board has remanded the case for a new VA examination to determine the current nature and severity of the Veteran's service-connected degenerative disc disease of the lumbar spine, including range of motion testing under 38 C.F.R. § 4.59.

The Board denied service connection for a right shoulder disability and a rating in excess of 40 percent for lumbosacral spine with spondylolisthesis. The Veteran's left shoulder disability and PTSD remain under review.

The Veteran is seeking service connection for a cervical spine disability that he claims is secondary to his service-connected lumbar paravertebral muscle spasm. The Board has determined that additional development, including an examination and opinion regarding the etiology of the cervical spine disability, is necessary.

The Board has remanded the case due to missing service treatment records and a need for an updated VA examination to determine the nature and likely etiology of the Veteran's claimed service-connected disorders.

The Veteran's cervical spine disability, nerve condition in the left arm to include in the left wrist, bilateral shoulder disability, and bilateral knee disability were not incurred or aggravated by service.

The Veteran's low back disability was manifested by painful motion with some functional impairment akin to, at worst, forward flexion of the thoracolumbar spine measured at greater than 30 degrees, but not greater than 60 degrees since July 12, 2011. The Board found that this did not meet the criteria for a rating in excess of 20 percent.

The Board found that the Veteran's current upper back disability did not manifest in service or within the first post-service year, nor is it otherwise etiologically related to service.

The Veteran's appeal is being remanded to obtain additional treatment records, provide proper notice regarding TDIU, and schedule a VA examination.

The Veteran's claims for a higher evaluation of his chronic lumbosacral strain and TDIU are being remanded due to the need for additional development, including obtaining an addendum to the September 2016 VA examination.

The Veteran has withdrawn all issues on appeal prior to a decision being made.

The Veteran's lumbar spine disorder and tinnitus have been found to be at least as likely as not incurred during service, warranting service connection for these conditions.

The Veteran withdrew her appeal for a higher initial rating for lumbosacral spine strain with degenerative joint disease (claimed as low back pain). The issue of service connection for asthma is addressed in the REMAND portion.

The Board denied service connection for a back disorder, hyperlipidemia, bilateral hearing loss, and tinnitus due to lack of evidence linking these conditions to the Veteran's military service.

The Board has determined that the claim is remanded due to inadequate development, specifically the need for a VA medical examination addressing the Veteran's statements regarding the onset and/or chronicity of his low back disability.

The Veteran's claims for increased ratings and TDIU prior to January 5, 2009 were denied. The Veteran's low back condition is rated at 40 percent, with separate ratings of 10 percent for each lower extremity radiculopathy from June 13, 2011, to August 30, 2015; and 40 percent from August 30, 2015. The Veteran's bilateral lower extremity peripheral neuropathy is rated at 10 percent prior to June 13, 2011, and 40 percent from June 13, 2011, to August 30, 2015.

The Board found that the Veteran's current low back disabilities are not related to his in-service injury and denied service connection for a lumbar spine disability.

The Veteran's claim for an increased disability rating in excess of 50 percent for psoriatic arthritis of the lumbar spine from November 22, 2013 is denied as a matter of law due to his failure to report for a VA examination without good cause.

The Board has granted the Veteran's claim for TDIU as of December 4, 2015. The claims for increased ratings for right knee disability and bilateral hearing loss are pending.

The Board has remanded the Veteran's claims for further development due to issues with the rationale provided in previous decisions and the submission of new evidence.