Back / lumbar spine decisions — 2016

The Veteran's claims for service connection and increased rating were denied. The Board found no evidence of a right knee disorder in service or within one year following separation, and concluded that the current right knee disability is not related to his service-connected low back condition.

The Board has denied the Veteran's claims for service connection for a low back disability and an initial compensable rating for a residual left leg scar, finding that there is no evidence of a current disability related to his service or any incident therein.

The Board has denied the Veteran's claim for a rating in excess of 40 percent for degenerative disc disease with radiculopathy of the left lower extremity.

The Board has denied service connection for postoperative degenerative disc disease (DDD) of the lumbar spine and numbness of the legs, finding that there is no credible evidence linking these conditions to service.

The Veteran's arthritis of the low back is currently rated at 20 percent, effective March 1, 2010. The rating remains granted.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum medical opinion to determine if the Veteran's current low back disorder is related to his military service.

The Veteran's low back strain has been rated at 20 percent since May 11, 2010 to January 27, 2011 and from March 1, 2011 to July 29, 2014. The rating is based on symptoms resulting in an altered gait without ankylosis of the spine or flexion functionally limited to 30 degrees or less.

The Veteran's lumbar strain was rated at 20 percent prior to February 6, 2010. From February 6, 2010 through December 21, 2014, the Veteran's disability was rated as 40 percent. Since then, it has been rated as 20 percent.,The Veteran is entitled to a TDIU prior to February 12, 2014 and from February 12, 2014 through December 21, 2014. From December 22, 2014 onward, the Veteran is also entitled to a TDIU.,The decision grants all of these claims.

The Board found that the Veteran's current lumbar spine disability is not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran's claimed back disability is not service-connected, and thus denied his claim. The issue of increased rating for dysthymia prior to January 21, 2016 remains pending.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted.

The Board denied service connection for the Veteran's back disability, claiming as lumbar paravertebral radiculitis. The issue of recognition of K.B-C., the Veteran's daughter, as a helpless child for VA benefits was withdrawn by the Veteran.

The Board has determined that the Veteran does not meet the criteria for service connection for a back disability, as there is no evidence of an in-service injury or disease related to the current condition and the weight of the evidence shows that his current back disability is less likely caused by his service-connected left knee disability.

The Board found that the Veteran's cervical and lumbar spine disabilities did not become manifest until many years after discharge from service and are not shown to be etiologically related to service or a service-connected disability.

The Veteran's service-connected lumbar spine disability was rated at 10 percent prior to June 7, 2011 and at 20 percent since then. The Board found that the criteria for a higher rating were met as of June 7, 2011.

The Board denied service connection for the Veteran's claimed psychiatric disorder, bilateral foot disorder, and tinnitus. Service connection was also denied for a low back disorder and headaches (claimed as residuals of a broken nose).

The Board has determined that the Veteran's low back condition is related to service and grants service connection for this condition. The claim for an increased rating for GAD remains pending, as does the claim for service connection for a neurological condition.

The Veteran's right knee osteoarthritis is currently rated at 20 percent disabling, effective June 7, 2012. The disability has not resulted in ankylosis or recurrent subluxation/lateral instability.

The Veteran's claims for an increased rating for his back disability and TDIU are being remanded due to the need for additional examination and development of medical records.

The Veteran's claims for increased ratings and TDIU were granted, with the lumbar spine DDD rated at 20 percent effective March 10, 2009. The radiculopathy of both lower extremities was each assigned a 20 percent rating effective March 10, 2009.