Back / lumbar spine decisions — 2017

The Veteran's lumbosacral strain with degenerative disc disease and spinal stenosis was granted a 40 percent rating effective January 24, 2017. Separate ratings of 20 percent were assigned for radiculopathy of the left lower extremity from August 22, 2012, and for radiculopathy of the right lower extremity from August 22, 2012.

The Board has remanded the case for further development due to inadequate medical opinions and other procedural issues.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations and obtaining outstanding treatment records.

The Board found that the Veteran's lumbar myofascial syndrome and bilateral hip disability are not related to service, as there is no evidence of such conditions during or immediately following service. The claims for service connection were denied.

The Board has denied the Veteran's claim of service connection for a neck disability. The issues of an effective date before March 27, 2007, for the grant of service connection for a back disability and entitlement to a rating in excess of 10 percent for a back disability are pending. The issue of TDIU is also pending.

The Board has determined that the Veteran's current low back and neck disabilities are related to her in-service fall, and service connection is granted for both conditions.

The Veteran's initial rating for degenerative joint disease of the lumbar spine was increased to 20 percent effective April 24, 2017. The current ratings are considered appropriate based on the evidence showing limited motion and pain without ankylosis or other severe functional impairment.

The Board denied service connection for cervical spine and low back disabilities, finding that the Veteran's current conditions are not related to his military service. The claim was reopened based on new evidence but the disabilities were still deemed unrelated.

The Board has determined that the Veteran's back disability is at least as likely as not related to his service, and thus grants service connection for a back disability.

The Veteran's lumbar spine arthropathy has been evaluated at a 20 percent rating since March 17, 2006. The evidence does not support an increase in the disability rating.

The Board has determined that the Veteran's right shoulder disorder is not related to his service-connected knee disorders and therefore, denied the claim for service connection. The Board also found no evidence linking the Veteran's degenerative arthritis of the lumbar spine to his service-connected knee disorders.

The Veteran's service connection claim for slurring, secondary to thoracic spine scoliosis and lumbar spine lordosis is denied. The Board finds that the evidence does not support a finding of slurred speech or other impairment as a side effect of his medication. For his thoracic spine scoliosis and lumbar spine lordosis, the Veteran's disability rating remains at 20 percent due to forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Board has remanded the appeal due to a request for a hearing that was not properly processed. The Veteran is scheduled for a Board hearing at the appropriate RO.

The Veteran's degenerative disc disease of the lumbar spine was initially evaluated at a 10 percent rating prior to September 9, 2013.

The Board found that the Veteran's current low back disability, diagnosed as degenerative disc disease of the lumbar spine, was not incurred or aggravated by his active duty service or his period of inactive duty training. The evidence did not support a finding that the disability existed prior to service.

The Veteran's degenerative disc disease, thoracolumbar spine with intervertebral disc disease has been rated at 10 percent prior to February 27, 2013 and at 20 percent thereafter. The Board finds that the evidence does not support a higher rating for this condition.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine was denied. The evidence did not show unfavorable ankylosis or other criteria warranting a higher rating.

The Board has directed further development due to the inadequacy of a previous examination. The Veteran's claim for service connection for a lumbar spine disability will be remanded for additional examination and consideration.

The Board found that the Veteran's current lumbar spine disability is not related to service and denied his claim for service connection.

The Board has remanded the case due to outstanding service treatment records from the Veteran's period of active duty in Afghanistan. The claims for sleep apnea and a low back disorder will be reconsidered after these records are obtained.