Back / lumbar spine decisions — 2018

The Veteran's service-connected lumbar spine degenerative disc disease, left ankle disorder, and right ring finger fracture have been granted. The Veteran is assigned a 10 percent rating for his left ankle disorder and no higher ratings are available under the applicable diagnostic codes.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his lumbosacral spondylosis without myelopathy, as the previous examination was inadequate.

The Veteran has withdrawn his appeals for all issues remaining on appeal.

The Veteran's claims for service connection for thoracolumbar spine disability and compressed disc in the neck were reopened due to new and material evidence. The appeals are granted on these issues.

The Board has ordered a new VA examination to determine if the Veteran's current lumbosacral strain is related to his in-service injury, and whether it was aggravated by that injury. The case will be remanded for this purpose.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine and bilateral knee disabilities due to outstanding VA examinations. The Veteran was not provided with proper notification of scheduled examinations, and he failed to appear for them.

The Board has granted service connection for a low back disability and entitlement to TDIU. The Veteran's low back disability is found to be aggravated by his service-connected bilateral knee disabilities, and he was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's hearing loss and cervical spine degenerative disc disease have not been found to be compensably disabling, resulting in a denial of the claims.

The Veteran's thoracolumbar strain rating was restored to 40 percent effective August 3, 2010. The claim for an increased rating remains denied.

The Board found that the Veteran's low back and right knee disabilities were not shown to be related to service, but did not find sufficient continuity of symptoms or evidence linking them to service. The rating reduction for the right ankle disability was improper as due process was not followed.

The Veteran's appeal was denied as his conditions did not meet the criteria for a compensable rating, and he did not establish entitlement to service connection or compensation under 38 U.S.C. § 1151.

The Veteran's claims for service connection of a low back disability, increased rating for left knee disability, and initial rating for depressive disorder prior to September 12, 2014 were denied. The claim for TDIU was not addressed as it is a component of the increased rating claim.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and thus his claims are denied.

The Veteran's claims for PTSD and obstructive sleep apnea were denied. The Board found that there was no competent evidence linking these conditions to his military service. For the lumbar spine disabilities, a remand is required as the most recent VA examination did not include range of motion findings in accordance with Correia v. McDonald.

The Board has determined that the Veteran's low back disorder is not related to his active service and therefore denied his claim for service connection.

The Board has reopened the claims for service connection for neck, left shoulder and back conditions due to new evidence submitted by the Veteran. The case is now remanded for further development.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a right leg condition, cervical sprain, and hypertension. The Veteran's seizure disorder claim was also denied as there is no evidence of a current diagnosis. The Veteran's non-service-connected pension benefits claim was denied due to lack of legal merit.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to determine the nature and etiology of his claimed low back disability, right hip disability, and left hip disability.

The Board has ordered additional development due to the need for clarification of the Veteran's spinal diagnoses, and further efforts to procure outstanding treatment records.

The Veteran's claims for service connection for a lumbar spine disability and bilateral hearing loss have been granted. The issues of initial ratings for right hip osteoarthritis, limitation of extension, and limitation of abduction remain pending.