Back / lumbar spine decisions — 2018

The Board has remanded the claims for service connection for a left knee disorder and thoracolumbar spine disorder due to insufficient development of medical opinions regarding their etiology.

The Board has remanded the Veteran's claims for additional development due to outstanding medical records and incomplete VA examinations. The claims will be reviewed again with consideration of all submitted evidence.

The Veteran's claim for a rating in excess of 20 percent for his back disability from August 26, 2009 to August 3, 2011 was denied as the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less.,The Veteran's claim for a rating in excess of 40 percent for his back disability from August 4, 2011 was denied as the evidence did not show unfavorable ankylosis of the entire spine.

The Veteran's appeal for a rating in excess of 20 percent for radiculopathy of the right lower extremity was denied. The appeal for an extraschedular rating based on multiple service-connected disabilities was also denied.

The Board has denied the Veteran's claims of service connection for intervertebral disc syndrome and degenerative arthritis of the lumbar spine, as well as right knee strain. The evidence does not establish a medical nexus between an in-service incurrence or continuity of symptomatology since separation from service.

The Veteran's left shoulder disability is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted.,The Veteran's back disability is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted.,The Veteran's hearing loss is rated based on prior determinations.

The Veteran's lumbar spine intervertebral disc syndrome was restored to a 40 percent rating effective July 1, 2010. The evidence did not show an actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Veteran's claim for service connection for a headache disorder, secondary to chronic low back pain, was denied. The Veteran also had his claims for increased ratings for chronic low back pain and depression denied.,For the period prior to June 24, 2013, the Veteran’s rating for chronic low back pain with muscle spasm was denied. However, from that date forward, a 40% rating was granted.

The Veteran's claims for increased ratings for his service-connected knees are remanded. The claim for service connection for a low back disability is reopened, but the issue remains pending and will be addressed after obtaining additional evidence. The Veteran's low back disability may potentially be related to an in-service incident.

The Board found that the Veteran does not have obstructive sleep apnea or a low back disability (DDD) that had its clinical onset in service or is otherwise related to active duty. The claims are therefore denied.

The Board has remanded the Veteran's claims due to inadequate VA examination reports and need for further development of evidence.

The Veteran's service-connected disabilities have caused him to be unable to secure and follow substantially gainful employment, warranting a TDIU.

The Board has determined that the Veteran's lumbar spine disability is related to service and grants service connection for this condition.

The Veteran's low back disability is rated at 40 percent effective March 19, 2012. Effective the same date, service connection for radiculopathy of the right lower extremity and left lower extremity are granted.

The Board has granted service connection for irritable bowel syndrome, finding that the Veteran's symptoms began during active service and are related to a qualifying chronic disability. Other gastrointestinal issues will be addressed in the remand section.

The Board has decided to remand the case for additional development, including obtaining updated VA and private treatment records, scheduling a new VA examination for the low back disability, and scheduling an audiological examination for bilateral hearing loss.

The Board has remanded the case due to missing pages in the Veteran's appeal and incomplete SSA records. The issues of service connection for various disorders remain under review.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, as well as any SSA disability benefits records. The case will be readjudicated after the completion of this development.

The Veteran's lumbar spine disability was granted a 40 percent evaluation for the period beginning November 28, 2012. His right lower extremity radiculopathy was also granted a 40 percent evaluation for that same period.

The Board has determined that the Veteran's current PFB is a continuation of the same diagnosis noted in service, and thus grants service connection for PFB.