Back / lumbar spine decisions — 2018

The Board has remanded the case for additional development due to incomplete opinions and need for clarification on theories of service connection.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of his claims for service connection.

The Veteran is granted a 40 percent rating for lumbosacral strain with degenerative joint disease, effective from the date of the decision. The Veteran's right lower extremity radiculopathy and left lower extremity radiculopathy are each rated at 20 percent, but no more, effective since August 25, 2017. Bilateral hearing loss is not compensable.

The Board has determined that the Veteran's current cervical degenerative disc disease and osteoarthritis are related to his military service, including a fall from a helicopter during combat in Vietnam. The claim for service connection is granted.

The Board finds that the Veteran's depression and lumbar spine condition are related to his service-connected bilateral knee disabilities, granting service connection for these conditions on a secondary basis.

The Veteran's lumbar and thoracic spine disability has been rated at 20 percent, but the Board found that it did not meet or approximate the criteria for a higher rating based on the evidence of record.

The Veteran's thoracolumbar spine DJD is currently rated at 20 percent from May 13, 2013. The claim for a higher rating prior to that date remains denied.

The Board has remanded the Veteran's claims due to incomplete development, including a need for an examination regarding his claimed acquired psychiatric disorder and additional VA examinations for his service-connected lumbar spine, lower extremity radiculopathy, and knee disabilities.

The Veteran's claim for a rating in excess of 40 percent for his lumbar spine disability was denied. The Board found that the evidence did not show ankylosis or IVDS treated by bed rest, which are required for a higher rating under the General Rating Formula for Diseases or Injuries of the Spine. The Veteran's claim to reopen his service connection claim for depression and knee disabilities is pending as the SOC has not been issued yet.

The Board has determined that the Veteran's low back disability and bilateral hand disability are not service-connected.,There is no evidence of a chronic condition or injury during service, nor any post-service continuity of symptomatology.

The Veteran's left knee tendonitis and degenerative disc disease of the lumbar spine have been evaluated, but service connection for these conditions cannot be established as they are not shown to be related to his military service. The Veteran's TDIU claim is also denied.

The Veteran's appeal is granted, with an SMC under 38 U.S.C. § 1114(s) and a separate evaluation for left knee instability added to his current rating. The issues of increased evaluations for the left femur and right elbow disabilities are also addressed.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment since November 30, 2007.

The Veteran's acquired psychiatric disorder was not incurred by service nor caused or aggravated by his service-connected low back disability. The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU.

The Board denied service connection for a low back disorder, finding that the evidence did not support a link between current symptoms and military service.,Service connection was also denied for left and right knee disorders. The examiner noted no medical records indicating any knee conditions during or after service.

The Board found that the Veteran's lumbar spine disorder is not caused or aggravated by his service-connected bilateral knee disabilities, and therefore denied his claim for secondary service connection.

The Veteran's service-connected disabilities are so severe that they preclude him from obtaining and maintaining substantially gainful employment, warranting a TDIU.

The Veteran's appeals have been withdrawn, and the Board is dismissing all issues on appeal.

The Board has determined that the Veteran's right shoulder and left shoulder disabilities are not related to service or a service-connected disability.,However, the Veteran's low back disorder is considered incidental and as likely as not related to advancing age rather than his in-service injuries.