Back / lumbar spine decisions — 2018

The Veteran withdrew from appellate consideration the issues on appeal, including the increased rating claim for degenerative disc and joint disease of the lumbosacral spine, and the service connection claims for bilateral hearing loss, obstructive sleep apnea, glaucoma, bilateral gynecomastia, status post subcutaneous mastectomy, left and right knee disorders, left and right shoulder disorders, a cervical spine disorder, and rheumatoid arthritis.

The Board has denied the Veteran's claim for a rating in excess of 10 percent for chronic lumbosacral myositis, finding that his disability did not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to December 4, 2012.

The Board has remanded the case for further development, including a new VA examination and obtaining private treatment records.

The Board has determined that the Veteran's current back disability did not arise during service and is not related to any injury or event in service. As such, the claim for service connection for a back disability is denied.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's spondylosis of the thoracolumbar spine, and thus denied the claim.

The Board denied a separate rating for left lower extremity radiculopathy and the TDIU claim. The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU, but are considered to be so severe as to preclude substantially gainful employment.

The Board found that the Veteran's current back disability is not related to service, and denied his claim for service connection.,The Veteran was granted nonservice-connected pension benefits due to over 90 days of active wartime service and permanent total disability.

The Board has determined that additional development is needed before the Veteran's claims for service connection for cervical and thoracolumbar spine disabilities can be decided.

The Board has determined that the Veteran's low back disability is related to his service, as he reported having a fall during service and has had continuous symptoms since then. The Board finds reasonable doubt in favor of the claim.

The Board has granted a 40 percent evaluation for the Veteran's lumbosacral spine disability, effective from October 2012. A separate 20 percent evaluation was also granted for radiculopathy of the right lower extremity due to the lumbosacral spine disability. The left knee arthritis claim is remanded as it is inextricably intertwined with the TDIU claim.

The Board has remanded the case for additional development, including obtaining authorization to obtain workers' compensation records and Social Security Administration (SSA) disability benefits records. A supplemental opinion is also needed regarding the etiology of the Veteran's low back disability.

The Veteran's neck, back, cervical radiculopathy, and bilateral lower extremity radiculopathy disorders are not causally related to or worsened by the service-connected right elbow recurrent ganglion cyst.

The Veteran's appeal has been dismissed as he withdrew his appeal regarding the issue of entitlement to a rating in excess of 20 percent for lumbosacral spine injury with degenerative joint disease and erectile dysfunction associated with total knee replacement, right knee.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the obtaining of relevant medical records.

The Veteran's claims for service connection for a left leg neurological disability, increased ratings for his lumbar and cervical spine conditions, and a compensable rating for hypertension have all been denied. The Board found no current diagnosis of left leg radiculopathy or any other neurological disorder of the left lower extremity.

The Board has remanded the case for additional development, including obtaining relevant records and providing addendum opinions on the nature and etiology of the Veteran's diagnosed psychiatric disorder and low back disorder.

The Board found that the Veteran's low back pain did not result in forward flexion limited to 30 degrees or less, and there was no evidence of ankylosis. Therefore, a higher rating for his service-connected disc bulges L4-L5 and L5-S1 and degenerative disc disease is denied.

The Board has determined that additional development is needed, including obtaining SSA records and VA/privately held treatment records. The Veteran's PTSD must be re-evaluated as his condition may have worsened since the last examination in May 2009. A new VA examination for the lumbar spine disability is also required.

The Board found that the Veteran's lower back disability did not meet or approximate criteria for a higher rating from April 3, 2009 and prior to June 28, 2017. The effective date for any increase in rating is determined based on when the increase was factually ascertainable.