Back / lumbar spine decisions — 2017

The Board has denied the Veteran's claims for higher ratings for his service-connected lumbar and thoracic spine disability, peripheral neuropathy of both lower extremities, and right ankle strain with degenerative joint disease (DJD). The appeal is dismissed.

The Board has remanded the case for additional development, including obtaining a retrospective medical opinion regarding the Veteran's service-connected chronic lumbar strain prior to March 11, 2015. The Veteran is seeking an increased rating for his service-connected condition.

The Veteran's hypertension is service-connected as a result of the current diagnosis. The Board finds that the Veteran does not have dizziness and fainting due to military service, but rather these symptoms are associated with his diagnosed cardiac disorder.

The Veteran's claims for a back and shoulder disability have been denied as there is no evidence of any currently diagnosed conditions other than myofascial pain syndrome, which he is already service-connected for.

The Veteran's diplopia is not considered an additional disability resulting from his cervical spine surgery. The Board finds that the evidence does not support a finding of causation or aggravation by service-connected conditions.

The Veteran has withdrawn all issues on appeal, including his claims for service connection for a back disability, COPD, and hypertension. The Board does not have jurisdiction to review these matters as the appeal is dismissed.

The Board has granted the reduction in disability ratings for PTSD and lumbar strain, but denied discontinuance of SMC based on housebound criteria.

The Veteran's claim for an initial compensable evaluation for a surgical scar, status post varicocelectomy was denied as the scar does not meet the criteria for a compensable rating. The Veteran's claim for TDIU due to service-connected disabilities was also denied.

The Board has denied the Veteran's claims of service connection for residuals of a right eye injury, sleep apnea, neck disability, and low back disability. The evidence does not support these claims as there is no current diagnosis or link to active duty service.

The Board found that the Veteran's current neck, back, and right shoulder disabilities are not related to active service. Service connection for these conditions is denied.

The Veteran's appeal is being remanded for additional development to properly consider his claim for service connection for a low back disability with radiculopathy.

The Board denied the Veteran's claims of service connection for tinnitus and a low back disability, as well as his claim for an increased rating for right patellectomy. The Veteran was not granted any benefits.

The Veteran's low back disability is not service-connected, but his left wrist disability warrants a 10% rating prior to November 23, 2015 and remains at 10% thereafter.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the maximum schedular rating for left knee instability was assigned prior to April 27, 2000, and in excess of 20 percent as of June 1, 2000.

The Board has decided to remand the case for additional development, including obtaining a new VA examination and medical opinion. The Veteran's lumbar spine disorder is being considered on its merits without any presumption or secondary service connection.

The Veteran's low back disability was rated at 10 percent prior to October 28, 2016. From October 28, 2016 to July 27, 2017, the rating increased to 20 percent. After that date, a rating of 40 percent is denied.,The Veteran's low back disability was rated at 20 percent from March 26, 2012 to October 28, 2016. From July 27, 2017 onwards, the rating remains at 40 percent.

The Veteran's appeal is being remanded for additional development to determine the etiology of his claimed conditions, including whether they are related to his service-connected left knee disability.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar spine disability and left foot disability. The AOJ will also consider whether there was negligence or lack of proper skill in providing medical treatment resulting in an additional disability.

The Board found that the withholding of compensation benefits to recoup the amount of severance pay received by the Veteran was proper, as the Veteran's VA compensation pay was subject to recoupment due to his receipt of severance pay for a back disability.

The Board has determined that the Veteran's low back disorder is etiologically related to his in-service injury, and thus grants service connection for this condition.