Back / lumbar spine decisions — 2018

The Board has reopened the Veteran's claim of service connection for a lumbar spine disability and remanded it for further development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the nature and likely etiology of his current lumbar spine disability.

The Board has decided to remand the claims for a low back disability and skin disability of the nose due to additional development being required, including VA examinations.

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

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a low back disability. The case is being remanded for further development, including obtaining relevant VA and private treatment records, attempting to obtain records from the Joint Services Records Research Center (JSRRC), scheduling the Veteran for a VA examination, and readjudicating the claim.

The Veteran's claim for a higher initial disability rating for degenerative arthritis of the lumbar spine was granted, with an effective date from November 6, 2016. The Veteran received a compensable (20%) initial disability rating for this condition.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his claimed back disorder and knee disability.

The Board has granted service connection for residuals of fractures of the fourth and fifth toes of the left foot, bilateral leg disability (lumbar radiculopathy), neck disability, and left hand disability. Service connection for an acquired psychiatric disorder (PTSD and depressive disorder) is also granted.

The Board has determined that the Veteran does not have a current diagnosis of skeletal arthritis, residuals of cold injury to bilateral feet, cold injury to upper extremities, or cold injury to lower extremities. As such, service connection for these conditions is denied.,Regarding the Veteran's bilateral knee disorder and bilateral hip strain, the Board finds that there is no evidence showing a relationship between his current disabilities and service. The VA examiner opined that these conditions are more likely due to natural aging process rather than service.

The Board found that the Veteran's low back disability was not incurred in or aggravated by active service and denied her claim for service connection. The issue of a bilateral hip disability is pending as part of the remand process.

The Veteran's appeal for service connection and increased rating issues have been remanded due to the need for further development.

The Veteran's thoracolumbar spine disability has not been manifested by compensable loss of range of motion, and there is evidence of pain on motion from April 8, 2015. The criteria for a rating in excess of 10 percent have not been met.

The Veteran's TMJ dysfunction has been rated at 10 percent since February 16, 2017. The condition is characterized by inter-incisal range of more than 40 mm and lateral excursion greater than 4mm.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his low back disability, bilateral knee disabilities, perforated eardrum, and hearing loss. The AOJ will also schedule a new VA examination for an increased rating for hearing loss.

The Board has determined that there is no evidence of a chronic back disorder during service or for many years thereafter, and the current diagnosed condition is not related to an in-service injury. Therefore, the claim for service connection for a chronic back disorder is denied.

The Veteran's claim for a TDIU was granted, with the effective date being from the date of receipt of his application. The combined disability rating is at least 70% due to service-connected disabilities.

The Veteran's claim for service connection for a thoracolumbar spine disability is being remanded due to the need for additional development, including obtaining inpatient treatment records from his military medical center and requesting an addendum opinion from the VA examiner.

The Board has determined that there is no current evidence of a diagnosed back disability, and thus the claim for service connection for a back disability is denied.

The Veteran's low back disability with spondylolisthesis, DJD, and disc disease is currently rated at 40 percent. The RO has not provided a higher rating as the evidence does not show ankylosis or incapacitating episodes.,For his right knee injury, the Veteran is already receiving the maximum schedular evaluation of 10 percent under Diagnostic Codes 5010-5260. The VA examiner found flexion limited to 92 degrees and extension limited to 10 degrees upon repetitive use, which corresponds to a non-compensable rating.,The Veteran's radiculopathy of the left lower extremity is rated at 10 percent under Diagnostic Code 8520. The VA examiner found mild incomplete paralysis, which does not warrant a higher rating.,For his right lower extremity radiculopathy, the Veteran is also rated at 10 percent under Diagnostic Code 8520. Similar to the left side, the VA examiner found mild incomplete paralysis, which does not warrant a higher rating.,The Veteran's migraine headaches are currently rated at 30 percent effective December 9, 2010, and 50 percent from September 11, 2013. The RO has not provided a higher rating as the evidence does not show more than very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's sleep apnea is not service-connected. The VA examiner found no medical evidence linking his sleep apnea to military service or service-connected migraine headaches.,For the period from August 18, 2010, to January 5, 2015, the RO has granted a TDIU based on the Veteran's combined 100 percent schedular rating for his service-connected disabilities.

The Veteran's spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The Veteran does not meet the criteria for a TDIU as his service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Board has decided to remand the case for additional development due to the need to obtain Social Security Administration records and other relevant medical evidence.