Back / lumbar spine decisions — 2017

The Veteran's claims for increased ratings for his cervical spondylotic myelopathy, thoracolumbar spine degenerative disc disease, and associated radiculopathies have been denied. The RO has granted separate ratings for the upper and lower extremity radiculopathies.

The Board has restored the Veteran's 30 percent evaluation for his service-connected lumbosacral strain, effective August 1, 2007.

The Board has determined that the Veteran does not have a current psychiatric disorder, bilateral knee disability, or low back disability that is related to service. The acquired psychiatric disorder was resolved in 2000 and no longer meets the criteria for service connection. The bilateral knee and low back disabilities are found to be less likely proximately due to or the result of a service-connected disability.

The Veteran's spine disorder is being remanded for a VA examination to determine if it is related to service, and the issue of service connection will be reconsidered.

The Veteran's appeal has been withdrawn in its entirety.

The Board has determined that the Veteran's degenerative changes of the lumbar spine, right trochanteric bursitis, and right leg condition are secondary to her service-connected right knee condition. As a result, these conditions have been granted service connection.

The Veteran's psychiatric disability has been rated at 70 percent since January 25, 2011.,His lumbar spine surgery required a temporary total rating from April 1, 2011 to July 18, 2011.

The Veteran's claim for a higher disability rating for his lumbar strain with degenerative changes is being remanded due to the need for additional VA examination and development of records.

The Board has remanded the case for additional development of the Veteran's service records and Social Security Administration records, as well as obtaining private treatment records from UPMC Altoona. The claims will be re-adjudicated based on this new evidence.

The Board denied the Veteran's claims for a temporary total rating and service connection for bilateral lower extremity radiculopathy, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim and that the radiculopathy was secondary to his service-connected lumbar spine disability.

The Board has determined that there is no evidence of a current disability related to service for either the back or lower extremity conditions. The Veteran's assertions have not been supported by medical evidence, and his lay opinions are not competent to establish service connection.

The Veteran's appeal was withdrawn for his claims seeking service connection for a left ankle disability and increased ratings for his lumbar spine, bilateral lower extremity radiculopathies, and bilateral knee disabilities. The Veteran is in need of regular aid and attendance due to his service-connected disabilities and has been granted special adapted housing.

The Board has reopened the Veteran's claim of service connection for a left knee disability and granted service connection.,Service connection is also granted for heart disease, as it is at least as likely as not caused by or aggravated by his service-connected left knee disability.

The Board has remanded the case due to the need for additional medical records and to consider whether new and material evidence has been submitted to reopen the Veteran's claim of service connection for a low back condition.

The Veteran's claim for service connection for a lumbar spine disorder is being remanded due to the need for additional development, including obtaining relevant medical records and scheduling a VA examination.

The Board found no evidence of currently diagnosed neck or back disorders and denied the Veteran's claims for service connection. The COPD and OSA secondary to GERD claims are remanded.

The Board denied service connection for various conditions, including chronic pharyngitis, erectile dysfunction, allergic conjunctivitis, back disability, headaches, left shoulder and elbow disabilities, enlarged heart with chest pain and abnormal EKG, hypertension, gastrointestinal disability, and hyperthyroidism. The reasons were that the evidence did not support a link between these conditions and service or any service-connected disabilities.

The Veteran's appeal is being remanded to obtain additional medical opinions and potentially locate his service records. The claims for bilateral hearing loss, tinnitus, cold weather injuries of the upper and lower extremities, and low back injury will be reconsidered based on the new evidence.

The Board has found the last VA examination of the Veteran's lumbar spine in August 2014 is inadequate and requires a new VA examination. The issue of an initial compensable rating for scar, status post laminectomy is also pending.

The Board has determined that the Veteran's left inguinal hernia disorder is not causally or etiologically related to his active military service. The issues of entitlement to service connection for a back disorder and right knee disorder, as well as an initial increased rating in excess of 10 percent for the period prior to February 3, 2015, and in excess of 20 percent for the period from February 3, 2015, forward for a left clavicle disability are addressed in the REMAND portion of the decision below.