Back / lumbar spine decisions — 2016

The Board has reopened the claim for service connection for a skin disorder of the feet due to new and material evidence. The low back disorder is presumed not aggravated by service, but no current disability was found. Service connection for bilateral foot condition as secondary to low back disorder remains unresolved.

The Board has remanded the case due to the need for clarification of opinions regarding the etiology of the Veteran's left knee and low back disabilities, as well as consideration of additional medical literature provided by the Veteran's representative.

The Board denied a rating in excess of 20 percent for the Veteran's L5-S1 degenerative disc disease of the lumbar spine.

The Board has granted service connection for degenerative disc and joint disease of the lumbar spine with radiculopathy and spondylolisthesis, as well as degenerative arthritis of both knees. The Veteran's left inguinal hernia is also service-connected.

The Board has determined that the Veteran does not have a current disability for hypertension, and there is no evidence of an in-service event or injury related to this condition. The VA examiner found no direct relationship between the Veteran's service-connected disabilities and his claimed conditions.

The Veteran's initial claim for a higher rating for his back disability was granted, with a 40% disability rating effective September 23, 2010. The issue of TDIU prior to this date remains unresolved.

The Veteran's appeal was denied as his service connection claim for a low back disorder secondary to service-connected pes planus, and his TDIU claim were not granted. His hypothyroidism with thyroidectomy is rated at 30 percent.

The Veteran's claim for a higher rating for his low back strain is being remanded due to the inadequacy of the most recent VA examination, which did not address additional range of motion loss due to pain on use and flare-ups.

The Board has remanded the claims for further development due to inadequate opinions regarding service connection and psychiatric disabilities.

The Board has granted the Veteran's claims for increased ratings for PTSD, Lumbosacral Strain, Sinusitis, Allergic Rhinitis, and Bilateral Pes Planus. Additionally, the Board found new and material evidence to reopen the claim of service connection for Sleep Apnea secondary to his service-connected allergic rhinitis and sinusitis.

The Veteran's service-connected degenerative arthritis of the lumbar spine is currently rated at 10 percent, and the evidence does not support a higher rating under the applicable criteria.

The Board has remanded the case for additional development, including obtaining SSA records and private treatment records. The Veteran's low back disorder and foot disorder claims are also being reviewed.

The Veteran's claim for an initial increased rating for degenerative arthritis of the lumbar spine was denied, as her disability did not meet or approximate the criteria for a higher evaluation. The claim for service connection for bilateral knee disability was also denied.

The Veteran's appeal is being remanded for further examination and evaluation of his service-connected disabilities, including PTSD with alcohol dependence, lumbosacral sprain, cervical sprain with degenerative changes, and neuropathic symptoms of the right lower extremity. The case will be returned to the Board after these actions are completed.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a back condition. The Veteran's current back condition is found to be related to his active military service.

The Board found no evidence of a low back condition during service or within one year thereafter, and denied the claim for service connection. The Veteran's peripheral neuropathy was also not linked to his service or exposure to herbicides.

The Board found no evidence of a low back disorder during service and concluded that the current condition is not related to service. The Veteran's claim for service connection was denied.

The Veteran's initial claim for a higher rating for his degenerative changes of the lumbar spine was granted, with an effective date from July 7, 2008 to January 5, 2010. The disability is rated at 20 percent during this period and 10 percent thereafter.

The Board found that the reduction in the rating for the Veteran's low back disability from 40 to 20 percent was appropriate due to improvement in her condition.

The Board has remanded the case for further development, including VA examinations and additional medical opinions. The Veteran's claims of service connection for low back and cervical spine disabilities are inextricably intertwined with his psychiatric condition claim.