Back / lumbar spine decisions — 2016

The Veteran has withdrawn his appeals for increases in the staged ratings assigned for tinea versicolor, lumbosacral strain, right knee patellofemoral pain syndrome, and left knee patellofemoral pain syndrome.

The Veteran's claims for bilateral knee disabilities, degenerative disc disease of the lumbosacral spine, and an acquired psychiatric disability (including PTSD and MDD) were denied as there was no evidence to support service connection. The Board found that the Veteran did not have a diagnosed condition in service or during the appeal period.

The Board has denied the Veteran's claim for service connection for a low back disability, finding that there is no evidence of a current disability related to active service or secondary to her service-connected conditions.

The Veteran's radiculopathy of the right lower extremity is rated at 20 percent, and his lumbar spine disability is rated at 40 percent. The sinusitis rating remains unchanged, while the chondromalacia rating has been increased to 20 percent.

The Veteran's left shoulder disorder is rated at 20 percent, effective December 1, 2006. Service connection for a low back disorder and a left knee disability are granted.

The Board denied the Veteran's claims for service connection for a back disability and entitlement to TDIU.

The Board has determined that the Veteran's current cervical spine, left shoulder, and right shoulder disabilities are not related to his military service. The Veteran's hearing loss is also denied as there is no evidence of a current disability.

The Veteran's right knee disability is granted service connection. The claims for left knee and low back disabilities, secondary to the right knee disability, are remanded for additional development.

The Veteran's claims for service connection for various conditions, including Lyme disease and its residuals, bilateral knee disorder, bilateral shoulder disorder, memory loss, lumbar spine disorder, cervical spine disorder, headaches, cognitive impairment, dizziness and poor balance, tinnitus, heart disorder, splenomegaly, diffuse myelitis, organic disease of the nervous system (to include chronic pain), and radial neuropathies of the feet and hands were denied as these conditions are not related to service or service-connected disabilities.

The Board is remanding the case for a new VA examination or medical opinion to address whether the Veteran's low back disability and associated radiculopathy are related to service, specifically his in-service injury. The AOJ should attempt to obtain private treatment records from the Veteran.

The appeal has been withdrawn by the Veteran's representative, resulting in its dismissal.

The Board has determined that the Veteran's low back disability and bilateral lower extremity neurological disability are service connected, with the latter being secondary to his now service-connected lumbar spine DJD.

The Veteran's service-connected degenerative disc disease of the cervical spine is currently rated at 20 percent, effective January 14, 2010. The noncompensable rating for migraines and cervicogenic headaches remains in effect since January 14, 2010.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's left ear hearing loss, lumbar spine disorder, and bilateral knee disorder. The appeal is being remanded for these purposes.

The Veteran has withdrawn all issues on appeal, specifically referencing his claims relating to the left ankle, back, knees, warts, lipomas, left elbow, and GERD.

The Veteran's right knee disability was reduced from a 30 percent rating to a 10 percent rating without considering the provisions of 38 C.F.R. § 3.344, which governs reductions in ratings that have been in place for more than five years. The Board has restored the 30 percent rating effective June 1, 2011.

The Veteran's hypertension and low back disability claims are remanded for further development, including obtaining medical opinions on the etiology of his conditions. The cervical spine rating claim is also remanded for a new examination to assess current severity.

The Board has determined that the evidence is in equipoise as to whether the Veteran's right shoulder disability is related to service, and thus grants service connection for a right shoulder disability.

The Veteran's right shoulder disorder is found to be service-connected. The Board also finds that the Veteran has a lumbar spine disorder and right and left leg disorders which are related to his service-connected post-operative residuals of a fracture of the right pelvis and right femur.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.