Back / lumbar spine decisions — 2017

The Board has granted service connection for bilateral cataracts but denied service connection for a lumbar spine disability. The decision is mixed as it grants one issue and denies another.

The Veteran's appeal is being remanded for a Board video conference hearing and further development.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of his claim based on additional evidence.

The Board has denied the Veteran's claims for service connection for a back condition and heart condition (to include subclavian steal syndrome) as there is no evidence of a nexus between his in-service car accident and current conditions, and the claim was not reopened due to lack of new and material evidence.

The Veteran's claims for service connection for bilateral knee strain and lumbar myofasciitis (back disability) have been denied.,A rating in excess of 10% for the Veteran's service-connected bilateral pes planus has been granted.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy have been evaluated based on their current manifestations, with no higher ratings granted due to the lack of ankylosis or incapacitating episodes meeting specific criteria.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and etiology opinions.

The Veteran's lumbar spine disability was granted a 40 percent rating from January 23, 2015. The right knee strain with osteoarthritis received an initial 10 percent rating.

The Board finds that the Veteran's cervical spine and lumbar spine disabilities were not incurred in or aggravated by service, and therefore denied both claims.

The Board has determined that the Veteran does not meet the criteria for service connection for bilateral hearing loss, tinnitus, or lumbar DDD.

The Board has granted service connection for degenerative disc disease of the lumbar and cervical spine, finding that it was caused by a fall during active duty.

The Board granted effective dates of June 26, 2006 for both TDIU and DEA benefits. The Veteran's unemployability was due to his service-connected back disability.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for bilateral knee, bilateral hip, and low back disabilities. The preponderance of the evidence shows that these conditions did not manifest during or as a result of his military service.

The Veteran's appeal involves multiple issues including ratings for PTSD, anxiety disorder, bilateral hearing loss, right knee condition with osteoarthritis and scars, and lumbar spine degenerative arthritis. The case is being remanded to schedule the Veteran for a videoconference hearing.

The Veteran is granted effective dates of July 1, 2007 for the grants of service connection for right ankle strain, right shoulder strain, degenerative disc disease of the cervical spine, left ankle strain, and residuals of a nasal fracture.

The Board has remanded the claims for further development due to failure of the Veteran to appear for VA examinations. The case is now returned to the AOJ for additional development.

The Veteran's service-connected degenerative disc disease is rated at 40 percent, effective October 27, 2011. The other issues remain at their initial ratings of 20 percent for radiculopathy, 10 percent for neurogenic bladder, and 10 percent for tender lumbar scar.

The Board finds that the reduction in the Veteran's lumbar spine disability rating from 40 to 10 percent effective February 1, 2010 was proper. The Veteran's lumbar spine disability has improved since the July 2009 VA examination and is now rated at 10 percent disabling. The Board also denied the Veteran's claims for increased ratings for his lumbar spine disability and left lower extremity radiculopathy, as well as his claim for TDIU.

The Veteran's back disability has been rated at 20 percent since March 18, 2015 and increased to 40 percent from November 12, 2015 to November 30, 2016. The left leg peripheral neuropathy was initially rated at 30 percent in January 2017.,The Veteran's back disability is currently rated as 40 percent disabling.

The Veteran's lumbar spine disability and left lower extremity neuropathy have been rated based on their service-connected nature. The Board found that the current ratings are appropriate as there is no evidence of ankylosis or unfavorable ankylosis, and the Veteran does not meet criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine or Diagnostic Code 8526.