Back / lumbar spine decisions — 2017

The Veteran's claim for an increased rating for his service-connected low back disability was denied as the evidence did not show that his condition warranted a higher rating under the applicable VA rating criteria.

The Board has determined that the Veteran's lumbar spine, bilateral foot drop, and peripheral neuropathy of the lower extremities are not proximately due to or caused by her service-connected left shoulder disability. As such, she is denied service connection for these disabilities.

The Veteran's low back disability is found to be related to service, with reasonable doubt resolved in his favor. The Board has granted service connection for this condition.

The Board has determined that the Veteran's current neck disorder is not related to his active service and denied his claim for service connection.

The Board has determined that the Veteran's lumbar spine disorder is not etiologically related to service and has denied his claim for service connection.

The Board has determined that the Veteran's left knee and lumbar spine disabilities are aggravated by his service-connected right knee disability, warranting service connection.

The Veteran's arthrolumbosacral strain and associated bilateral lower extremity radiculopathy have been rated, with an increased rating of 40 percent granted for the thoracolumbar spine disability. Separate ratings of 20 percent each were granted for left and right lower extremity radiculopathy. The Veteran's TDIU claim was also granted.

The Veteran's claim for a higher disability rating for his lumbar spine disability was denied. He is currently rated at 40 percent since February 6, 2017.

The Board has determined that the Veteran's lower back disability, diagnosed as sacroiliitis and lumbar facet syndrome, is due to service. As a result, the claim for service connection is granted.

The Board has granted service connection for a low back disability and increased the rating for PTSD to 70 percent, effective July 17, 2008.

The Board found that the reduction from a 60 percent disability rating to a 40 percent disability rating for degenerative disc disease, multilevel, anterolisthesis and disc bulge with central narrowing was improper due to lack of improvement in the Veteran's condition.

The Board found that the Veteran's current low back disorder did not have its onset during service, was not shown to be related to service, and is not otherwise etiologically related. As a result, the claim for service connection was denied.

The Veteran's claims for increased ratings for his low back disability, right lower extremity radiculopathy, and left CTS were denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's appeals regarding service connection for a back disability, major depressive disorder, and hypertensive atherosclerotic heart disease, as well as claims regarding the issue of entitlement to increased evaluation for bronchial asthma, and entitlement to TDIU are dismissed due to withdrawal by the Veteran's representative.

The Veteran's low back disability and radiculopathy of the lower extremities have been granted initial ratings, with no higher. The Veteran does not meet criteria for a higher rating based on additional functional loss due to pain or other factors.

The Veteran's claim of service connection for an acquired psychiatric disability, to include PTSD, bipolar disorder, and depression is dismissed. The Board finds that the Veteran withdrew his appeal regarding this issue during a hearing before the Board in October 2016. Service connection for a thoracolumbar spine disability is denied as there is no evidence linking the current condition to service.

The Veteran's thoracolumbar spine disability has been rated at 20 percent prior to July 8, 2013, and at 40 percent from that date. The Board finds the evidence supports a 40 percent rating throughout the appeal period based on IVDS with incapacitating episodes lasting less than 6 weeks in any 12-month period.

The Veteran's claims for increased ratings for his service-connected lumbar spine and left knee disorders are being remanded to the RO for readjudication in light of new evidence.

The Veteran has current bilateral hearing loss in his left ear, but not in his right ear. The Board finds that the evidence does not support a finding of service connection for hearing loss in either ear.,There is no evidence showing tinnitus was present within one year after separation from active duty service. The VA examiner found it unlikely that the Veteran's current hearing loss and tinnitus are related to his military noise exposure.

The Board has remanded the case due to scheduling issues and the need for an SOC on the bladder disorder claim.