Back / lumbar spine decisions — 2018

The Board has again remanded the claim due to non-compliance with previous directives and insufficient rationale in the February 2017 VA examiner's opinion. The Veteran is required to provide additional medical comment on his low back disabilities, including their onset during service or related to service-connected knee disabilities.

The Board has determined that the Veteran's claims for service connection are not properly before it due to a remand of other issues, and thus the appeal is being returned to the AOJ for further development.

The Veteran's cervical spine disability is rated as 20 percent disabling, and her Raynaud's phenomenon is rated as noncompensable. The Board finds that the current ratings adequately reflect the severity of these disabilities.

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations. The issues on appeal include service connection for various disabilities, as well as rating claims.

The Veteran's degenerative joint and disc disease of the lumbar spine is currently rated at 40 percent since May 21, 1991. The Veteran's left lower extremity sciatica was initially rated as non-compensable prior to October 11, 2002, but has been rated at 10 percent since that date.,The Veteran's degenerative joint and disc disease of the lumbar spine is currently rated at 40 percent. The Veteran's left lower extremity sciatica was initially rated as non-compensable prior to October 11, 2002, but has been rated at 10 percent since that date.

The Veteran's claim for higher ratings for his service-connected degenerative disk disease of the lumbar spine was denied. The initial rating prior to May 9, 2017 is granted at 40 percent, but no higher. From May 9, 2017 onwards, a rating higher than 40 percent is not warranted.

The Board denied the Veteran's claims for service connection for a low back disability, initial PTSD rating prior to February 1, 2016, and TDIU from February 27, 2007 to May 5, 2015. The claim for bilateral hearing loss was granted but not rated as the Veteran did not provide a valid Social Security Administration (SSA) award number.

The Board has remanded the appellant's claims for additional development due to incomplete service treatment records and clarification of VA examiner medical opinions.

The Board has reopened the Veteran's claims for service connection for a back disability and an acquired psychiatric disability. However, the claim for OSA was denied as there is no evidence to support its development during or following military service.

The Board has dismissed the Veteran's appeal for service connection for a low back disability due to his failure to provide necessary authorizations for VA to obtain pertinent records, including those related to an on-the-job injury in 2007.

The Board finds that the Veteran's current low back disability is at least as likely etiologically related to his active service, and grants entitlement to service connection for chronic residual disability of lumbar myositis and a ruptured low back disc.

The Board finds the evidence is evenly balanced as to whether the Veteran's service-connected disabilities preclude him from obtaining and retaining substantially gainful employment, thus granting a TDIU.

The Veteran's service-connected disabilities, including radiculopathy of the right upper extremity, degenerative disc disease of the cervical and lumbar spine, tinnitus, and hearing loss, do not meet the schedular criteria for TDIU prior to June 3, 2013. The Board finds that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities as of that date.

The Veteran's residuals of a compression fracture of the thoracic spine with lumbar degenerative joint disease are currently rated at 40 percent from April 11, 2006 to January 10, 2008 and from August 23, 2017. His left lower extremity is also rated at 40 percent.

The Veteran's chronic lumbar strain and degenerative disc disease of the lumbar spine is currently rated at 20 percent, but does not meet the criteria for a higher rating as there is no evidence of ankylosis or incapacitating episodes.

The Board has determined that the Veteran's tinnitus, left wrist DJD, and hepatitis C are related to service. The right shoulder, right knee, left knee, low back, and respiratory disabilities are not shown to be related to service. Bilateral hearing loss is also not shown to be related to service.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, low back disorder, and upper back disorder. The claim for an initial compensable rating for residual scarring of a left leg laceration is granted.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective October 30, 2013. His posttraumatic stress disorder (PTSD) has been rated as 50 percent disabling since prior to September 14, 2012.,Both conditions have been granted and are assigned the appropriate ratings based on their severity.

The Board finds that the evidence is in equipoise on whether the Veteran has radiculopathy caused by his service-connected lumbar spine disability, and thus grants service connection for this condition based on secondary causation.

The Veteran's lumbosacral DDD, left and right lower extremity radiculopathy conditions have been granted increased ratings. Service connection for hypertension has not been established.