Back / lumbar spine decisions — 2016

The Board denied the Veteran's claims of service connection for a back disability, an increased rating for PTSD, and a higher initial rating for GERD. The TDIU claim was remanded but not addressed in this decision.

The Board has remanded the case for additional development due to incomplete medical records and need for further examination.

The Veteran's claim for secondary service connection for degenerative disc disease of the lumbar spine with bilateral radiculopathy is granted. The claims for higher initial evaluations for other conditions remain denied.

The Veteran's claim for an increased disability rating for chronic low back pain, rated at 20 percent prior to April 25, 2014, and 40 percent from that date, is denied. The assigned ratings are consistent with the degree of thoracolumbar spine motion demonstrated by the Veteran over the course of the appeal period.

The Board finds that the Veteran's service records do not support a finding of in-service injury or noise exposure related to his current disabilities. The most probative evidence is against a finding of any current disability due to service.

The Veteran's claim for increased ratings for his low back condition and associated peripheral neuropathy is being remanded due to unclear evidence regarding the presence of neurological manifestations in the lower extremities.

The Veteran's lumbar spine disability is rated at 20 percent, effective December 27, 2005. The rating for radiculopathy of the right lower extremity and left lower extremity remains at 10 percent.

The Board has determined that the Veteran's low back disorder and left shoulder disorder are not related to his military service, as there is no evidence of chronicity or causation.

The Board has determined that the Veteran's low back disorder and allergic rhinitis did not have their onset during service or are otherwise related to service, thus denying his claims for service connection.

The Veteran's initial ratings for his lumbosacral spine and right knee disabilities were granted, but the rating for his lumbosacral spine was found to be inadequate.

The Veteran's claim for specially adapted housing or special home adaptation grant was denied as she does not meet the criteria for assistance due to her service-connected disabilities.

The Board has determined that the Veteran's current left knee disability is not related to his active duty service, and thus denied the claim for service connection.

The Veteran requested to withdraw all his appeals, and the Board has dismissed the appeal due to this request.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease lumbosacral spine and associated radiculopathy of the right and left lower extremities are being remanded due to additional evidence received after the last Supplemental Statement of the Case (SSOC).

The Veteran's skin disorder first manifested during service and is related to his in-service exposure. The lower back disorder, including degenerative lumbar spine disease and recurrent herniated disc with radiculopathy, may be related to an in-service injury but the evidence does not support a finding of continuity of symptomatology since service.

The Board has granted service connection for the Veteran's degenerative arthritis of the lumbar spine, finding that it is secondary to his service-connected right and left knee disabilities. The decision also notes that reasonable doubt was resolved in favor of the Veteran.

The Board has determined that the Veteran's current low back disorder is related to his military service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for further development and consideration of his claims, including the issues related to headaches, thoracolumbar spine disability, bilateral hip disability, and peripheral nerve conditions. The increased rating claims for left knee and cervical spine disabilities are also part of this appeal.

The Board has determined that the criteria for service connection, a rating in excess of 10 percent for right patella tendon repair (knee), and a rating in excess of 10 percent for lumbosacral strain (back) have not been met during the period on appeal.

The Board has granted service connection for a lumbar spine disability and found the reduction of VA compensation payments due to receipt of military drill pay was proper.