Back / lumbar spine decisions — 2017

The Board has remanded the Veteran's claims of entitlement to service connection for a left knee disability and lumbar spine disability, both claimed as secondary to his service-connected partial tear left Achilles tendon due to insufficient explanation in the September 2011 VA examination.

The Veteran's low back disability was rated at 20 percent effective May 26, 2015.,TDIU benefits were granted from March 22, 2014 to May 26, 2015.

The Board has determined that the Veteran's residuals from a left ankle injury and his back condition, secondary to a left ankle injury, are etiologically related to service. Therefore, both claims for service connection have been granted.

The Veteran's claim for service connection for degenerative joint and disc disease of the lumbar spine is being remanded due to inadequate opinion regarding direct service connection. Additional evidence, including VA treatment records, private medical records, and Social Security Administration (SSA) records, must be obtained. The Veteran will also need to provide any outstanding relevant private treatment records from his family doctor.

The Veteran's appeal is being remanded to obtain updated VA treatment records and a new VA examination for his lumbar spine disability. Additionally, he will be afforded another VA examination to determine the impact of his service-connected disabilities on his employability.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is currently assigned a 10 percent rating for sinusitis, but not higher, due to the presence of three or more incapacitating episodes per year requiring prolonged antibiotic treatment.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a VA examination. Effective dates for service connection are also being remanded.

The Veteran's neck scar is painful and itches, but does not meet the criteria for a compensable rating under Diagnostic Code 7800. However, his neck scar has met the criteria for a 10 percent rating under Diagnostic Code 7804.,The Veteran's right hip scar is painful and numb, but does not result in limitation of motion or loss of function.

The Board has determined that the Veteran does not have a current disability related to his low back strain/pain, sciatic pain to both feet, or bilateral eye condition. The evidence does not support service connection for any of these conditions.

The Board has remanded the case due to outstanding VA treatment records and SSA records, which may contain new and material evidence relevant to the Veteran's claim for service connection of a low back disability.

The Veteran's low back disability is found to be etiologically related to his service.,The Veteran's left ankle disability is found to be etiologically related to his service.

The Board has determined that the Veteran does not have current diagnoses of any of the claimed conditions and therefore, service connection cannot be granted for these disabilities.

The Board has determined that the Veteran's low back disability, including arthritis of the lumbar spine, had its onset during service and is related to his active duty. As a result, the claim for service connection is granted.

The Board has decided to remand the case for further development, including obtaining an addendum opinion from the examiner who conducted the September 2015 examination. The Veteran's lay statements describing back symptoms since his military service and a July 1973 correspondence will be considered in this process.

The Veteran's lumbar spine disability is rated at 40 percent, the maximum schedular rating available under DC 5243. The appeal for a higher rating remains denied.

The Veteran's lumbosacral strain and radiculopathy of the lower extremities were rated, with a 40 percent rating for lumbosacral strain effective July 16, 2014.

The Board has determined that the Veteran's low back disorder is not attributable to service, was not caused or aggravated by his service-connected bilateral inguinal floor repairs, recurrent right-sided hernia, or bilateral hernia scars, and was not manifest within one year of separation from service. As a result, the claim for service connection for a low back disorder has been denied.

The Board has remanded the Veteran's claims for service connection and TDIU due to inadequate medical opinions regarding his low back disorder. The case is also being referred to VA's Director of Compensation and Pension Service for extraschedular consideration if deemed necessary.

The Veteran's service-connected lumbosacral strain and right lower extremity radiculopathy have been rated at the highest available rating of 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes.

The Board has determined that the Veteran's low back disability is service-connected as it is a result of an in-service injury.