Back / lumbar spine decisions — 2017

The Veteran's claim for an increased evaluation of his service-connected back condition is being remanded due to the need for a new VA examination.

The Veteran's heart disability is not service-connected, and his lumbar spine and bilateral lower extremity neuralgia disabilities are rated at the maximum allowed under VA guidelines. The Board finds no basis to grant any of the Veteran's claims.

The Veteran's service-connected lumbosacral spine strain, L4-L5 disc protrusion, and L5-S1 annular tear are currently rated at 40 percent disabling from October 14, 2015. The Board finds that the evidence does not support a higher rating for any period on appeal.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the Veteran's back disability. The Veteran is seeking an increased rating for her service-connected postoperative residuals of degenerative disc disease at L4-5.

The Veteran's death was not caused by any service-connected disability, and the cause of his death (respiratory failure due to pneumonia) is not linked to his military service. The Veteran did not require aid and attendance solely due to his service-connected disabilities.

The Veteran has withdrawn his appeals for service connection for a back condition as secondary to right knee DJD and radiculopathy of the right lower extremity as secondary to right knee DJD.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the Veteran's service-connected disabilities and sleep apnea. The appeal is not granted yet.

The Veteran's generalized anxiety disorder is currently rated at 30 percent disabling, which is the maximum schedular rating available.,Service connection for a generalized anxiety disorder was granted effective February 4, 2010.

The Board found that the Veteran's cervical and lumbar spine disabilities were aggravated by his service, but not caused by it. The headache disability was pre-existing and increased in severity during service.

The Veteran's low back disability is currently rated at 40 percent, effective September 21, 2009. The claims for separate ratings for left and right lower extremity radiculopathy, as well as the TDIU claim, are granted with an effective date of September 21, 2009.

The Board has determined that the Veteran's glycosuria, low back disability, and acquired psychiatric disorder are not service-connected as they were not incurred or aggravated during his military service.

The Board has determined that the Veteran's claimed right knee, left knee (post-ORIF and TKA), and low back disabilities are not related to service. The preponderance of evidence is against these claims.

The Board found that the Veteran's current low back, left ribs region, left ankle, and right wrist disabilities were not incurred in or aggravated by active service. The VA examinations did not find a link between these conditions and service.

The Board has determined that the Veteran's DJD of the lumbar spine is related to his service-connected disabilities, and he is granted service connection for this condition. The claim for an acquired psychiatric disorder was not addressed due to a lack of adjudication on chronic pain syndrome.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum opinion from an orthopedic specialist regarding the nature and etiology of any back disability. The Veteran's lay statements will be considered in determining whether his current back disability is related to service.

The Board has remanded the case for an addendum opinion from the June 2016 examiner to address whether or not the Veteran's non arthritic back disabilities, such as lumbosacral strain, spinal stenosis or sprain, are directly related to service and if so whether the Veteran's hip disabilities are secondarily related to the non arthritis back disabilities.

The Veteran withdrew his appeal for a rating in excess of 10 percent for low back strain.

The Board has determined that the Veteran's current degenerative arthritis of the lumbar spine is service-connected, as it was incurred during his active military service. The claims for cervical spine and bilateral knee conditions are remanded for further examination and opinion.

The Veteran's appeal has been withdrawn by his representative prior to the Board issuing a decision.

The Board denied an earlier effective date for the grant of service connection for disc narrowing and degenerative changes of the lumbar spine, finding that there was no evidence showing secondary service connection before July 24, 2000.