Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the etiology of his claimed conditions.

The Veteran's PTSD has been found to warrant a 70 percent disability rating, effective from November 13, 2009. The Board also granted service connection for the low back disability with left lower extremity radiculopathy and denied service connection for degenerative arthritis of the left knee. The Veteran was also awarded TDIU benefits.

The Board has remanded the case for additional development due to the need for VA examinations regarding service connection claims for low back, right great toe, and right knee disabilities as well as headaches.

The Veteran's lumbar spine disability has been rated at 20 percent since the initial rating period, and a separate 10 percent rating for left lower extremity radiculopathy is granted effective March 21, 2015.

The Veteran's low back disability is currently rated at 40 percent, and there are no findings of incapacitating episodes or unfavorable ankylosis. The claims for bilateral upper extremity neuropathy and service connection for diabetes mellitus have not been met.

The Board found that the Veteran's current thoracic spine disabilities, including a compression fracture and degenerative disc disease, are not related to his active duty service.

The Veteran's service-connected chronic low back syndrome with intermittent lumbosacral strain does not currently manifest in any symptoms and is attributed to nonservice-connected degenerative arthritis of the spine. As a result, he does not meet the criteria for a compensable evaluation.

The Board finds that the Veteran's lay statements concerning the onset and continuity of his symptomatology, coupled with the medical records reflecting in-service musculoskeletal changes and a current low back disability to include arthritis, places the evidence at least in a state of relative equipoise. Therefore, service connection for a low back disability is granted.

The Board has remanded the case for a new VA spine examination and to obtain medical opinions regarding aggravation. The Veteran's claim will be readjudicated after these actions.

The Board finds that the Veteran's current lumbosacral spine disability is related to active service and grants his claim for service connection.

The Board has remanded the case for further development and readjudication due to issues related to service connection, including a request for VA examinations.

The Veteran's lower back disability was granted a 20 percent rating prior to August 10, 2016. The Board finds that the evidence supports this rating based on limited forward flexion of the thoracolumbar spine.

The Veteran's appeal is being remanded for further development, including obtaining private medical records and scheduling a VA examination to assess the severity of his lumbar spine disability and left lower extremity radiculopathy.

The Veteran's claims for service connection and increased evaluations have been granted. He is now entitled to a 10 percent evaluation for his left knee degenerative arthritis, effective from April 1, 2006.

The Veteran's lumbar spine disability shows forward flexion to 80 degrees, extension to 27 degrees, left lateral flexion to 27 degrees, right lateral flexion to 29 degrees, and left and right lateral rotation to 30 degrees. The total range of motion is 223 degrees. As the Veteran's disability shows less than favorable ankylosis of the entire thoracolumbar spine, his claim for a higher rating was denied.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Board has remanded the case for additional development due to incomplete records and failure to comply with prior remand directives.

The Veteran is granted a 10 percent rating for lumbosacral strain prior to July 10, 2003. The claim remains pending for an increased rating from July 10, 2003.

The Board found that the claimant's right knee and lumbar spine disabilities are not related to service, thus denying her claims for service connection.

The Board has remanded the Veteran's claims due to insufficient evidence regarding the etiology of his sinusitis, bronchitis, and low back disabilities. The hearing loss claim is also being remanded for a new VA examination.