Back / lumbar spine decisions — 2017

The Veteran's claims for extension of a temporary total rating, increased rating for low back disability, and service connection for hypertension have been denied. The Board also found that new and material evidence has not been received to reopen the previously denied claim for service connection for hypertension.

The Board has granted service connection for thoracic and lumbar strain, claimed as middle and lower back disorder. The cervical strain and bilateral ankle strain claims have been denied.

The Board has granted service connection for residuals of skin cancer. The claims for gynecological disorder, low back disability, and varicose veins were denied.

The Board has remanded the case for additional development, including obtaining an addendum opinion assessing the impact of the Veteran's service-connected disabilities on his employability. The TDIU claim will be reconsidered based on this new information.

The Board has determined that the Veteran's back and left lower extremity disability is proximately due to his service-connected right foot disability, granting service connection for this condition. The issue of service connection for a left foot disability remains pending.

The Veteran's back disorder is currently rated at 40% and his PTSD is rated at 30%. Both conditions are not granted higher ratings.

The Veteran's back disability was rated at 40% effective June 21, 2016. The RO granted a separate rating for degenerative arthritis of the spine with IVDS.

The Veteran has withdrawn his claims for increased ratings for lumbosacral strain with radiation to the left thigh and cervical spine degenerative joint disease with left trapezius strain, and therefore these issues are dismissed.

The Board has dismissed the appeal due to the death of the appellant.

The Board has determined that further development is needed to address the Veteran's claim for service connection for a low back disability, including an examination to determine if his current condition was aggravated by service or related to pre-service injuries.

The Board has remanded the case for additional development, including obtaining service treatment records and arranging VA examinations to address the nature and etiology of the Veteran's lumbar spine disorder and right knee disorder.

The Veteran's claims for increased PTSD and TDIU prior to January 3, 2012 are denied. The Board finds that the Veteran is not entitled to a higher evaluation for his PTSD or entitlement to TDIU due to service-connected disabilities.

The Veteran's claims for service connection and increased ratings have been denied. Service connection was not established for hearing loss, low back disorder, or left eye disorder. Increased rating claims were also denied.

The Veteran's left and right ankle degenerative arthritis are currently rated at 20 percent each, which is the maximum rating available under VA regulations.,The Veteran's cervical spine degenerative arthritis is currently rated at 20 percent, which is the maximum rating available under VA regulations.,The Veteran's lumbar spine degenerative arthritis is currently rated at 10 percent, which is the maximum rating available under VA regulations.,The Veteran's left knee degenerative arthritis and ligament instability are both currently rated at 10 percent each, with a separate 20 percent rating for ligament instability of the right knee prior to May 2, 2017, and higher than 20 percent from that date.,There is no specific service connection theory provided in this decision.

The Veteran's claim of entitlement to a total disability evaluation based on individual unemployability is being remanded for further development. The Board has also referred claims for service connection and reopening of a previously denied claim due to their inextricably intertwined nature with the main claim.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, lumbar spine disability, bilateral knee disabilities, venous insufficiency, hypertension, sleep apnea, and morbid obesity. The decision found that there was no evidence of a nexus between these conditions and service.

The Veteran's claims for increased ratings for his lumbosacral spine and left knee disabilities were denied as the evidence did not support a higher rating based on the current manifestations of these conditions.

The Veteran's lumbosacral strain has been rated at 20 percent since June 2007. The VA examinations have consistently shown forward flexion of the thoracolumbar spine to be greater than 30 degrees, with no evidence of ankylosis or IVDS.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, effective October 12, 2009. The Veteran's left ear hearing loss has been rated as noncompensable.

The Board has remanded the Veteran's claim for service connection for a back disability due to issues with compliance and further development of evidence. The case is being returned to the AOJ for additional development.