Back / lumbar spine decisions — 2017

The Veteran has withdrawn his appeals for increased disability ratings for service-connected lumbosacral strain and left lower extremity sciatic nerve radiculopathy associated with lumbosacral strain.

The Veteran's right thigh scars have been granted a 30 percent evaluation, effective August 3, 2015. The scars are painful and unstable.

The Veteran's current low back disability, diagnosed as lumbar disc degeneration with spondylolisthesis, was not shown to have its onset during service or be otherwise related to his military service. The Board found that there is no nexus between the Veteran's low back disability and service.

The Veteran's migraine headaches are rated at 50 percent effective February 4, 2015. The cervical spine disability is rated at 50 percent effective that date.

The Veteran's claim for an increased rating in excess of 10 percent for degenerative arthritis of the lumbar spine on an extraschedular basis was denied by the Director. The Board agreed with this decision, finding that the symptomatology associated with the Veteran's lumbar spine disability had been contemplated by the regular rating schedule.

The Veteran's service-connected degenerative arthritis of the lumbar spine with IVDS and bilateral lower extremity radiculopathy are adequately contemplated by the current 40 percent schedular rating, thus an extraschedular rating is not warranted.

The Veteran's service-connected psychiatric disorder, including depression and PTSD, has precluded him from securing or following substantially gainful occupation. Additionally, the Veteran has other service-connected disabilities that independently rate at 60 percent combined with his psychiatric disability, meeting the criteria for special monthly compensation based on being permanently housebound.

The case is being remanded due to the need for a Board video-conference hearing and because the Veteran wishes to have all issues heard at once.

The Board has determined that the Veteran's right leg, low back, and cervical spine disabilities are not service-connected as they were not caused or aggravated by an in-service disease or injury.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to October 18, 2015.

The Board has determined that the Veteran's low back disorder is secondary to his service-connected bilateral knee disabilities, and thus grants service connection for this condition. The initial compensable rating claim for ulcerated septum of the nose remains denied.

The Veteran's cervical spine degenerative disc disease is granted service connection. The status of his left shoulder condition remains pending as the Board has not determined whether it is caused or aggravated by his cervical spine disability.

The Board has remanded the case for further development due to a change in representation and other procedural issues.

The Veteran received increased ratings for his right knee, left knee, and lumbar spine disabilities. The right knee rating has been upgraded to 60 percent after June 27, 2007.,Effective dates are not specified as the decisions were made in the April 2010 rating decision.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records from April 2016 to the present. The case will be returned to the Board for further review.

The Board has reopened the Veteran's claim of service connection for a low back disability and finds that it is related to his in-service injury. The Board grants service connection for this condition.

The Veteran's appeal is granted, with a disability rating of 20 percent for plantar calluses effective February 20, 2015. Service connection for heart condition and diabetes mellitus are also granted as due to herbicide exposure.

The Veteran's DDD of the lumbar sacral spine is currently rated at 40 percent, and the Board has determined that this rating is not appropriate based on the evidence provided.

The Veteran's lumbosacral strain is currently rated at 10 percent, effective May 11, 2009.,Prior to February 16, 2012, the Veteran's arteriosclerotic heart disease was rated at 30 percent.,From February 16, 2012, the Veteran's arteriosclerotic heart disease is rated at 60 percent.

The Board has granted service connection for traumatic arthritis and traumatic disc disease of the lumbar spine, finding that it was incurred in peacetime service. The Veteran's left leg, left foot, and right foot disabilities are being remanded to determine if they are secondary to the now-service-connected low back disability.