Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims for service connection for PTSD, low back disability, right knee disability, gastrointestinal disability, and upper respiratory disability. The denial is based on a lack of evidence showing a current disability related to these conditions.

The Veteran's appeal is remanded due to the need for additional development, including obtaining service personnel records and addressing whether his in-service injury was incurred in line of duty. The issues on appeal will be reconsidered after these actions.

The Veteran's PTSD is currently rated at 50 percent, which meets the criteria for a 70 percent rating under the General Rating Formula for Mental Disorders. The Veteran also has thoracolumbar spine degenerative arthritis and radiculopathy of the right lower extremity that are each rated at 10 percent. Tension headaches have been rated as noncompensable, but the Veteran's service-connected disabilities are sufficiently severe to inhibit her ability to obtain gainful employment, warranting a TDIU rating.

The Veteran's service-connected degenerative arthritis of the lumbar spine, cervical spine and right knee internal derangement and arthroscopic surgery have been granted a rating in excess of 20 percent. The left knee scar has not met criteria for a compensable evaluation. The open angle glaucoma with toxic keratopathy of both eyes remains at an initial 10 percent disability rating.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or housebound status is being remanded due to the need for additional examination and development of records.

The Veteran's low back disability is found to be related to service, and his acquired psychiatric disorder (specifically unspecified anxiety disorder) is also found to be related to service. The Board grants the Veteran's claims for these conditions.

The Board has granted service connection for lumbosacral strain and assigned an initial rating of 20 percent, effective August 11, 2003. The Veteran's claim for a higher initial rating remains pending.

The Veteran's degenerative joint disease of the lumbosacral spine is rated at 40 percent since April 7, 2011. The rating for radiculopathy in both lower extremities remains at 20 percent.

The Board has denied the Veteran's claims for service connection for low back and right hip disabilities, finding that there is no evidence of a chronic, identifiable disability in or after service.

The Board has determined that the Veteran did not report for a VA examination scheduled in connection with his claims of service connection for low back and hip disabilities. As such, these claims are denied.,VA is unable to provide an opinion regarding the Veteran's depression as he refused to speak with the examiner.

The Veteran's appeal has been withdrawn due to the receipt of a request for withdrawal prior to the Board issuing a decision.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his back disability and determine if he meets the schedular criteria for TDIU benefits.

The Veteran has withdrawn his appeals for the issues of entitlement to a disability rating in excess of 20 percent for service-connected low back sprain with a spasm and entitlement to service connection for sarcoidosis, to include as secondary to service-connected folliculitis.

The Board found that the Veteran's current lower back condition, including scoliosis and spondylitic defect of the lumbar spine, is not shown to be related to service or a pre-existing condition. The examiner concluded that the Veteran's main problems were his mild scoliosis and congenital bilateral lumbar spondylitic defect.

The Veteran's lumbar DDD was previously rated at 20 percent, and the Board has determined that a higher rating is warranted since June 16, 2016.

The Veteran's low back disability has been manifested by complaints of ongoing pain, radiating pain, difficulty standing, walking, lifting for extended periods of time, muscle spasms, decreased motion, stiffness and weakness with forward flexion greater than 30 degrees. The Board finds that the preponderance of the evidence is against finding that an increased rating in excess of 20 percent is warranted for the Veteran's low back disability.

The Veteran's appeal is remanded for a new VA examination to evaluate the severity of his service-connected lumbar spine disability and any functional impairment, including during flare-ups. The Veteran will be provided an opportunity to respond.

The Veteran's claims for service connection of various disabilities, including low back, right hip, right leg, and right ankle conditions are being remanded due to the need for a VA examination.

The Veteran withdrew his appeals for the claims related to service connection for upper back, left shoulder, and numbness in fingers conditions as secondary to lumbar spine degenerative disc disease. The Board has dismissed these claims.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.