Back / lumbar spine decisions — 2017

The Board found that the Veteran's pre-existing back disorder was not aggravated by service and denied his claim for service connection.

The Board has denied the Veteran's claims for service connection for degenerative disc disease of the cervical spine and left arm radiculopathy, finding that there is no evidence to support a direct relationship between these conditions and his active duty service.

The Board has determined that the Veteran's current low back disability had its onset during service and granted service connection for this condition.

The Veteran's initial claim for an increased rating for his right forearm disability was denied. The Board found that the evidence did not support a higher rating prior to October 7, 2015 and no higher rating after that date. Service connection for arthritis of the right shoulder, cervical spine, and lumbosacral spine were also denied as there is no evidence showing these conditions are related to service or developed within one year post-service.

The Veteran's initial claim for a higher rating for his back disability was granted, with the effective date set at January 14, 2009. The current ratings are 20 percent for the back prior to October 31, 2016 and 40 percent thereafter.,The Veteran's right and left lower extremity radiculopathies were also granted with initial ratings of 10 percent each.

The Board denied the reduction of the disability rating from 40 percent to 10 percent for the Veteran's back disability, finding that the evidence did not clearly demonstrate a material improvement in severity and that the RO did not review the entire medical history. The proposed reduction was therefore improper.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and incomplete records. The issues of entitlement to service connection for flat feet and a back disorder are being returned to the AOJ for further action.

The Board denied service connection for a liver disorder and a back disorder, both of which were attributed to radiation exposure during the Veteran's active duty. The evidence did not support a finding that these conditions were related to his military service.

The June 2012 rating decision denying service connection for bilateral hearing loss and a lower back condition was subsumed by the Board's June 2016 decision, so the current appeal is dismissed.

The Veteran's service-connected conditions do not cause him to be in need of regular aid and attendance, as his limitations are due to non-service connected disabilities.

The Board has determined that the Veteran's low back, right thigh, and right hip disabilities are related to her active service.

The Board has determined that the Veteran's current left knee or leg and lumbar spine disabilities are not related to service, and thus denied his claims for service connection.

The Board has granted service connection for a cervical spine disability, finding that the Veteran's current DDD is related to his military service. However, the Board denied service connection for bowel incontinence due to lack of evidence showing a current diagnosis.

The Veteran's claim for increased ratings and service connection were denied. The right knee disability was rated as 10 percent prior to April 4, 2016, and 30 percent from June 1, 2017. Service connection for left knee and back disabilities secondary to the right knee disability was also denied.

The Veteran's service-connected disabilities are of such nature and severity as to preclude him from securing or maintaining substantially gainful employment.

The Veteran's lumbar disorder, skin disease, diabetes mellitus, and disorder manifested by memory loss are not service-connected.,Service connection for the Veteran's allergic rhinitis was granted effective May 10, 2004.

The Veteran's appeal for increased ratings and effective dates has been denied. The Board found that the Veteran's radiculopathy of the left lower extremity is only manifested by mild pain, which does not meet the criteria for a higher rating.

The Board has denied the Veteran's service connection claims for mid-back, left knee, and bilateral carpal tunnel syndrome disabilities as they are not related to his service or a service-connected disability.

The Veteran's claims for increased ratings for lumbar stenosis, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied as there is no evidence of ankylosis or incapacitating episodes of intervertebral disc syndrome. The current ratings are found to be appropriate.

The Veteran's appeal is being remanded for additional development and clarification, including obtaining VA treatment records from the Kansas City VA Medical Center and scheduling new VA examinations.