Back / lumbar spine decisions — 2017

The Board has granted service connection for a low back condition and right leg radiculopathy, effective November 22, 2002. The Veteran's original claim was denied in March 1992 due to lack of new evidence, but the claim was reopened based on additional service records received after January 1999.

The Board denied the Veteran's claim for service connection of a lower back disability, finding that there was no new and material evidence to reopen his previously denied claim. The Veteran appealed this decision.

The Veteran's knee and lumbar spine conditions have been rated based on their current severity.,No separate rating for left knee meniscectomy is warranted as the condition does not result in symptoms.

The Board has determined that the Veteran's current right ankle disability is related to an in-service injury, and therefore service connection for this condition is granted. The issue of entitlement to service connection for a back disability is remanded due to insufficient evidence.

The Board has granted service connection for left ear hearing loss, migraine headaches, erectile dysfunction, and degenerative disc disease and degenerative arthritis of the cervical spine. The Veteran's PTSD was also rated at 30 percent effective December 11, 2014.

The Board found that the Veteran's low back disability is not service-connected due to lack of evidence showing a connection between his current condition and any incident during service. The TDIU claim was also denied as there is no evidence indicating that the Veteran's service-connected disabilities preclude him from securing and following substantially gainful employment.

The Board has determined that the Veteran's low back disorder was aggravated by her service-connected right ankle disability, and therefore grants service connection for this condition on a secondary basis.

The Veteran's TBI with unspecified neurocognitive disorder and major depressive disorder has been rated at 100 percent effective April 12, 2017.

The Board found that the Veteran's lumbar spine disability, rated at 20 percent since June 28, 2008, has not met or more nearly approximated criteria for a higher rating during any part of the appeal period.

The Veteran's service-connected lumbar degenerative disc disease with radiculopathy in the lower extremities does not warrant a higher schedular rating as his range of motion and symptoms do not meet criteria for a higher rating.

The Board has determined that the Veteran's current back disability, degenerative arthritis of the lumbar spine, did not manifest in service or within a presumptive period and is not etiologically related to such service. Therefore, service connection for this condition is denied.

The Veteran's COPD is not service-connected, as it is neither causally nor etiologically related to her active service or secondary to her service-connected sinusitis.,The Veteran's right knee instability has been rated at 10 percent since August 2010. The examiner noted that the Veteran had a history of smoking and was currently in need of aid and attendance, which is not considered for rating purposes under Diagnostic Code 5261.

The Veteran's appeal regarding the reduction of his cervical spine, lumbar spine, and bilateral knee disabilities to noncompensable ratings was denied. The Board found that the procedural safeguards were met and that there was no evidence of an improvement in the disability.

The Veteran's lumbar spine disability is not service-connected, and the Board finds that there is no causal relationship between his current thyroid cancer or esophageal disability and his military service. The left shoulder disability remains undiagnosed.

The Board has determined that the Veteran's lumbar spine, cervical spine and bilateral shoulder disabilities are not related to his military service. The evidence does not show a continuity of symptoms since service.

The Board has determined that the Veteran is entitled to a TDIU beginning December 1, 2016, due to his service-connected disabilities.

The Veteran's claims for service connection for bilateral hearing loss, fibromyalgia, tension headaches, and degenerative changes of the lumbar spine with muscle strain were denied. The claim for service connection for sinus disability was granted based on allergic rhinitis only. Service connection for TMJ syndrome was established on merits.

The Board has decided to remand the case for further development, including obtaining additional medical opinions and potentially scheduling a VA examination. The Veteran seeks service connection for a low back disability, which may be granted based on continuity of symptomatology or secondary service connection if related to his service-connected pilonidal cyst.

The Veteran's low back disorder was rated at 20 percent from January 2, 2013 to April 22, 2016. After this date, the rating increased to 40 percent.,Effective May 1, 2013, the Veteran is entitled to a TDIU and DEA benefits with earlier effective dates of May 1, 2013.

The Veteran's service-connected lumbar spine disability is currently rated at 10 percent, but the evidence does not support a higher rating as it shows no more than forward flexion of the thoracolumbar spine greater than 60 degrees and combined range of motion greater than 120 degrees without evidence of muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour.