Back / lumbar spine decisions — 2015

The Board has remanded the case for further development, including obtaining an addendum medical opinion regarding whether the Veteran's low back disorder is aggravated by his service-connected bilateral knee disorders.

The Board found no clear and unmistakable error in the April 25, 1973 decision that denied service connection for a low back disability. The Veteran's post-service injury was considered the cause of his current condition.

The Board denied the Veteran's claims of entitlement to an initial rating in excess of 20 percent for lumbar muscle strain and service connection for degenerative disc disease of the lumbar spine, as well as her claims for psychiatric disability (PTSD and psychosis), bilateral knee disability, and left hip disability.

The Board is remanding the case to obtain additional evidence and provide a new VA examination, as well as request written rationale from Dr. Trevino.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Veteran's PTSD is currently rated at 50 percent, and the Board has granted a 100 percent rating for this condition. The low back disability remains at 10 percent.

The Board has remanded the case for a VA medical examination with an orthopedist to address whether the Veteran's service-connected bilateral plantar fasciitis with pes planus caused or aggravated his current ankle, knee, low back, and neck disabilities.

The Veteran's depressive disorder is found to be secondary to his service-connected cervical and lumbar spine disabilities. His lumbar spine disability, rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, has been granted a higher rating based on unfavorable ankylosis.

The Board has remanded the case for further development, including consideration of a claim regarding CUE in a previous rating decision and review of additional medical evidence.

The Board found that the Veteran's lumbar spine and bilateral knee disabilities did not manifest during service or within one year of separation, and there was no evidence of chronicity. The medical opinions were against a nexus to service.

The Board finds that the Veteran does not have a current low back disability and therefore, service connection for this condition is denied.

The Veteran's claim for service connection for depression has been denied as there is no competent and credible evidence establishing the current disability. The Board finds that the Veteran does not have a currently diagnosed condition of depression.

The Veteran's appeal was dismissed as he withdrew his claim for service connection of a right knee condition. The low back condition issue is remanded for further development.

The Veteran's appeal is being remanded due to the need for a rescheduled hearing. The issues of entitlement to increased rating for Osgood Schlatter's disease in the right knee and service connection for lumbosacral or cervical strain are pending.

The Board has determined that the reduction of the rating for service-connected sciatic radiculopathy of the left lower extremity from 20 percent to noncompensable, effective December 29, 2012, and 10 percent since September 25, 2013, was not in accordance with law. As a result, the Veteran's 20 percent rating for sciatic radiculopathy of the left lower extremity is restored.

The Board has reopened the Veteran's claim for service connection for low back disability, but the appeal is remanded to determine if there is a causal link between his current condition and his military service.

The Veteran's claims for increased ratings have been denied as there is no current hearing loss disability and the maximum schedular rating available for tinnitus is 10 percent.

The Board has determined that additional development is needed before the case can be properly adjudicated, including obtaining VA treatment records and a new examination to clarify the nature and etiology of any back disability and bilateral knee disability.

The Veteran's service-connected depression is granted, and his lumbar degenerative disc disease is rated at 40 percent since September 9, 2009. His right knee patellar tendonitis remains at a 10 percent rating, while his hypertension continues to be rated at 10 percent.