Back / lumbar spine decisions — 2017

The Board denied service connection for various conditions including multiple body traumas, hypertensive cardiovascular disease, hyperlipidemia, COPD, obstructive sleep apnea, emphysema, chronic pansinusitis, low back disorder, cardio-pulmonary disorder, benign prostatic hypertrophy, and osteoarthritis of the knees, right forearm, and right hand. The appeal was decided on the merits without any presumption or secondary service connection.

The Veteran's claim for higher ratings for his low back disability is being remanded due to the need for additional development, including obtaining SSA records and VA treatment records.

The Veteran's claim for a higher rating for his service-connected L5-S1 spondylolisthesis, anterolisthesis, L4-L5 retrolisthesis, spondylolysis and degenerative disc disease is being remanded due to the need for additional development including obtaining VA treatment records and scheduling a spine examination.

The Veteran's service-connected migraine headaches have been granted a 30% rating since September 5, 2012.,Service connection for obstructive sleep apnea was denied.

The Board has granted a rating of 40 percent for the Veteran's lumbar spine disability, finding that his forward flexion is limited to as low as 25 degrees during flare-ups. The decision also notes that there is no evidence of ankylosis or incapacitating episodes.

The Board denied service connection for left shoulder, cervical and lumbar spine disabilities due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The Board granted a 40 percent rating for the lumbar spine disability effective February 13, 2013. The Veteran's right hip and left knee disabilities were not service-connected, but his depressive disorder was increased to 50 percent from January 28, 2016.

The Board has determined that additional development is needed for the issues of service connection for a low back disorder, skin rash, and acquired psychiatric disorder. The Veteran's claims are being remanded to obtain private treatment records and to provide an addendum VA examination.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection. Specifically, an updated medical opinion is required to address whether her current low back disability and fibromyalgia are related to her military service.

The Veteran's PTSD with cognitive disorder is rated at the highest available level (50%) and his TBI with memory loss is rated at 10%. The other conditions are rated appropriately based on their severity.

The Board has determined that the Veteran's lumbar spine disorder, left knee disorder, and right knee disorder are not service-connected as they were not shown in service or within one year of discharge. The weight of evidence is against a finding that these conditions are related to his service-connected residuals from a right hip fracture.

The Veteran's service-connected DJD of the lumbar spine was rated at 10 percent prior to October 16, 2013. From that date, it was rated at 20 percent. The appeal is denied as there are no issues related to service connection.

The Board has granted the appellant's requests to reopen his previously denied claims for service connection for low back disability, bilateral hip disability, bilateral ankle disability, bilateral foot disability, and gout and arthritis of multiple joints. The July 1979 rating decision denying right knee disability is not found to contain CUE.

The Veteran's service-connected lumbar spondylosis, left and right lower extremity radiculopathies are currently rated at 20 percent. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Veteran's claims for increased ratings for left shoulder rotator cuff tendonitis with degenerative changes and lumbar spine hypertrophic osteoarthritis were denied. The VA determined that the current ratings adequately reflect the severity of these conditions.

The Board has remanded the case for further development and readjudication, including adjudicating the Veteran's claim of service connection for muscle wasting in his right lower extremity. The appeal is currently pending on the issue of entitlement to service connection for a lumbar spine disorder.

The Veteran's claims for service connection and increased ratings have been granted. She is currently rated at 20 percent for her thoracolumbar spine disability, effective December 23, 2009.

The Veteran's appeal has been withdrawn, and all claims have been dismissed.

The February 1981 rating decision denying service connection for a back disability is upheld as there was no CUE. The Veteran's fibromyalgia is currently rated at the maximum allowable under VA regulations, and her symptoms do not warrant an increased rating. The criteria for TDIU have been met.

The Veteran's service-connected lumbar strain with herniated disc at L5-S1 is rated at 60 percent effective March 15, 2013. The claim for a higher rating and an earlier effective date are granted.