Back / lumbar spine decisions — 2017

The Veteran's claims for an evaluation in excess of 20 percent for lumbar spine degenerative disc disease and for an extraschedular rating were denied. The Board found that the evidence did not support a higher rating based on functional impairment due to pain or other factors at any time during the appeal period, and that referral for extraschedular consideration was not warranted.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for additional development, including new VA examinations and consideration of other issues.

The Veteran's appeal is being remanded for further development and examination to determine the severity of his low back condition and radiculopathy in each lower extremity.

The case is being remanded for additional development due to the Veteran's request for a videoconference hearing.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding the etiology of the Veteran's erectile dysfunction and whether it is proximately due to or aggravated by his service-connected lumbar spine degenerative arthritis.

The Board denied the Veteran's claims for service connection for lower back disability, acquired psychiatric disorder (PTSD), left knee disability, kidney disorder, and hypertension. The decision found that new and material evidence had not been submitted to reopen these previously denied claims.

The Veteran's low back disabilities, specifically spondylolisthesis and lumbar degenerative changes, have been rated at the maximum schedular disability rating of 40 percent for the entire initial rating period on appeal.

The Board has determined that the evidence is in relative equipoise as to whether the Veteran's degenerative arthritis of the lumbar spine is related to military service. As a result, the criteria for service connection have been met and the claim is granted.

The Board has granted service connection for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity as secondary to service-connected degenerative disc disease of the lumbar spine, finding that there is a continuity of symptoms since service.

The Board has remanded the case for further development due to inadequate examination reports and other procedural issues.

The Board found that the Veteran's back disorder was not incurred during his active military service or any period of INACDUTRA and may not be presumed to have been.

The Board has granted the petition to reopen the claim for service connection for a back disorder and remanded the underlying claim to the agency of original jurisdiction (AOJ) for further development.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and scheduling VA examinations to address the nature and likely etiology of his claimed conditions.

The Veteran's lower back disability shows forward flexion to at least 65 degrees, and total range of motion to at least 170 degrees. The RO has rated the Veteran's spine as 10 percent disabling under Diagnostic Code 5243.

The Veteran's low back disability has been rated as 40 percent disabling since October 22, 2014. Prior to that date, the disability was rated as 20 percent disabling.,For the period prior to October 22, 2014, there is no evidence of radiculopathy in either lower extremity at least mild in nature. Beginning October 22, 2014, the Veteran's right lower extremity radiculopathy has been rated as 20 percent disabling and his left lower extremity radiculopathy has not met criteria for a separate rating.,For the period prior to October 22, 2014, there is no evidence of cervical spine disability at least mild in nature. Beginning October 22, 2014, the Veteran's intervertebral disc syndrome with C5-C7 cervical degenerative disc disease and radiculopathy has been rated as 30 percent disabling.,For the period prior to March 24, 2011, there is no evidence of right upper extremity radiculopathy at least mild in nature. Beginning March 24, 2011, the Veteran's right upper extremity radiculopathy has been rated as 20 percent disabling.,For the period prior to October 22, 2014, there is no evidence of left upper extremity radiculopathy at least mild in nature. Beginning October 22, 2014, the Veteran's left upper extremity radiculopathy has been rated as 20 percent disabling.,For the period prior to October 22, 2014, there is no evidence of bilateral plantar fasciitis with left foot pes planus and right foot pes cavus at least mild in nature. Beginning October 22, 2014, the Veteran's bilateral plantar fasciitis has been rated as 50 percent disabling.,The Veteran's hypertension is not manifested by diastolic pressure that is predominately 100 or more; or systolic pressure predominately 160 or more; or a history of diastolic pressure predominately 100 or more and continuous medication for control.

The Veteran's initial evaluations for degenerative arthritis of the lumbar spine and central vertigo have been denied.,Prior to June 8, 2016, the Veteran was not entitled to a higher evaluation for her vertigo. From June 8, 2016, she is now eligible for a 30 percent rating.

The Veteran's claims to reopen his right knee and lumbar spine disabilities are being remanded due to the need for a video conference hearing.

The Board has remanded the case for issuance of a statement of the case regarding the issues of entitlement to an initial disability rating in excess of 10 percent for left knee degenerative arthritis status post meniscal removal, service connection for degenerative disc disease of the lumbar spine status post L2-L4 laminectomy, service connection right knee mild tricompartmental arthritis, and service connection bilateral hip osteoarthritis. The Veteran has the right to submit additional evidence and argument on these matters.

The Board found that the Veteran's current back and neck disabilities are not related to service, specifically a motorcycle accident in October 1986. The disability was determined to be unrelated to any event, injury or disease during service.

The Veteran's claims for service connection and higher ratings were denied. The Board found that the evidence did not support a finding of service connection for degenerative disc disease of the lumbar spine, as there was no competent, probative opinion linking it to his service. For other conditions, the evidence supported the current assigned disability ratings.