Back / lumbar spine decisions — 2016

The Board has remanded the case for further development, including consideration of new evidence and a TDIU claim. The Veteran's lumbar spine disability is rated at 20 percent, but he contends that it warrants an evaluation in excess of this amount. Additionally, he claims to be unable to work due to his condition.

The Veteran's left arm injury is found to be proximately due to his service-connected pes planus and lumbar spine disabilities. The Board grants a disability rating of 20 percent for the service-connected DDD of the lumbar spine, effective from July 13, 2008.

The Veteran's depression is found to be related to his service-connected PTSD.,His right knee strain is determined to have been incurred during active service.,DDD and DJD of the lumbar spine are also found to be related to active service.

The Board found that the Veteran's current low back disorder is not related to his service, and thus denied his claim for service connection.

The Board has granted service connection for degenerative arthritis of the lumbar spine and cervical spine as secondary to treatment for service-connected ulcerative colitis.

The Veteran's service-connected chronic lumbosacral strain with slight degenerative disc disease is not rated higher than the assigned initial ratings of 10 percent prior to September 17, 2013, and 20 percent thereafter.

The Board finds that the Veteran's low back disability is not shown to be causally or etiologically related to his service, and it was not caused or aggravated by a service-connected disability. As such, the claim for service connection for the low back disability is denied.

The Board has determined that the Veteran's low back disability is not caused or aggravated by his service-connected bilateral knee and hip disabilities, and therefore denied the claim for secondary service connection.

The Board has remanded the case for additional development, including obtaining service treatment records from February 6, 1996 to February 5, 1999 and providing an addendum opinion regarding the etiology of the Veteran's low back disorder.

The Board has determined that the Veteran's lumbar and cervical spine disabilities were not incurred or aggravated during active service, and therefore denied his claims for service connection.

The Board has determined that the Veteran is entitled to service connection for arthritis/degenerative joint disease (DJD) of the thoracolumbar spine, cervical spine, right hand, left hand, right knee, and left knee based on continuity of symptomatology since service.

The Veteran's initial rating for his service-connected degenerative disc disease with disc herniation status post L5-S1 diskectomy was granted, but the appeal is about a higher initial rating. The current evaluation of 20 percent prior to October 5, 2006 and 10 percent from January 1, 2007 is maintained.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his low back and cervical spine disabilities, right knee disability, or radiculopathy of the lower extremities.

The Veteran's current right knee disorder was not incurred or aggravated in service and may not be presumed to have been.,There is no evidence of a current diagnosis for the Veteran's left knee disorder.

The Board has determined that the Veteran's claimed back disability, bilateral removal of toes, and bilateral foot ulcers are not service-connected as they did not have onset during active service or within one year of service discharge, and there is no evidence linking these conditions to his active service.

The Board denied service connection for sleep apnea and gastrointestinal reflux disease (GERD) as secondary to the Veteran's service-connected disabilities. The claim for increased rating of lumbar spine disability was also denied.

The Board denied the Veteran's claims for increased ratings and TDIU, finding that his low back disability did not meet or approximate criteria for a higher rating during the appeal period.

The Board has remanded the case for additional development, including obtaining VA medical records and a new VA examination to determine the nature and etiology of any back disorder.

The Veteran's degenerative disc disease, residuals of L4-L5 discectomy, is rated at 40 percent and his osteoarthritis of the right and left knees are each rated at 10 percent. The current ratings adequately reflect the severity of these conditions.

The Veteran's service-connected low back disability is currently rated at 40 percent, but the Board finds that it does not warrant a higher rating as his symptoms do not meet or approximate the criteria for a higher evaluation.