Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims for service connection for bilateral hearing loss, increased ratings for low back disability and left foot disability, and entitlement to SMC based on aid and attendance/housebound allowance. The reduction from a 10 percent rating to a noncompensable rating for left ankle scar was also found improper. TDIU was not granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and severity of his service-connected chronic low back disability and the etiology of his left leg amputation.

The Veteran's appeal is being REMANDED for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess the severity of his service-connected disabilities.

The Veteran has withdrawn his appeal with respect to all issues pending before the Board.

The Veteran's appeal is being remanded for additional development of his medical records and for a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's acromioclavicular osteoarthritis of the left shoulder was found to be incurred in service, and his thoracolumbar osteoarthritis with IVDS is granted. The issue regarding an increased rating for right shoulder condition has been withdrawn.

The Board has determined that the reduction in the Veteran's disability rating for segmental spinal stenosis L3-L5 with degenerative disc disease L4-L5 was not legally proper, and therefore restored the original 40 percent disability rating.

The Veteran's claim for an effective date earlier than October 18, 2010 for the grant of service connection for lumbar spine disc with arthritis and lumbar stenosis is denied. The appropriate effective date is October 18, 2010.

The Veteran's claims for higher initial ratings and service connection were denied. The Board found that the evidence did not support a compensable rating prior to February 9, 2007 or any of the other issues raised.

The Veteran's claim for service connection of right knee strain, to include as secondary to his service-connected left knee disability, is denied. The VA examiner found no current diagnosis for the claimed right knee condition and did not provide an opinion regarding aggravation by a service-connected condition.

The Board has determined that the Veteran's lumbosacral spine injury residuals, degenerative disc disease, arthritis, and hemilaminectomy residuals to include post-operative scar residuals are service-connected. The claims for right hip, right knee, left knee, bilateral foot, and bilateral lower extremity neurological disabilities will be remanded for further development.

The Veteran is granted a disability rating of 60 percent for his service-connected back disability, effective from the date of the decision.

The Veteran's claims for increased disability ratings remain on appeal. The RO must consider all of the evidence received since the issuance of the May 2015 supplemental statement of the case and issue a rating decision to implement the grant of an increased disability evaluation of 10 percent for the service-connected multi-level degenerative arthritis of the lumbar spine and a 20 percent disability for the anterior reconstruction and arthroscopic surgery of the left shoulder, effective April 23, 2015.

Effective August 15, 2013, the Veteran's lumbar spine disability is rated at 40 percent due to forward flexion limited to 30 degrees or less.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's thoracolumbar spine disability, bilateral lower extremity neuropathy (radiculopathy), and bilateral hip arthritis have been evaluated based on their respective diagnostic codes. The claims for higher ratings are denied as the evidence does not support a finding that the conditions more nearly approximate the criteria for higher ratings under any applicable diagnostic code.

The Board has ordered a new VA examination to determine if the Veteran's low back disability is related to service. The case will be remanded for this purpose.

The Veteran's claims for increased ratings for low back disability and left lower extremity radiculopathy have been denied.,A TDIU rating was granted prior to January 15, 2014.

The Veteran's claims for assistance with the purchase of an automobile and adaptive equipment, as well as specially adapted housing or a special home adaptation grant, were denied due to lack of entitlement based on his service-connected conditions.

The Board has determined that the Veteran's osteoarthritis of cervical spine, lumbar spine, right knee, left knee, and left ankle did not have its onset during service or is otherwise causally related to his active service.