Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's current low back, left knee, and left ankle disabilities are related to his military service. The Veteran's lumbago is found to be aggravated by his left ankle disability, while his left knee and left ankle disabilities are found to be causally related to events during his active service.

The Veteran's claim for service connection for sleep apnea has been granted. The Board found that the evidence supports a nexus between the Veteran's current sleep apnea and his military service. The issues of increased ratings for lumbosacral strain and cervical spine degenerative joint disease were not addressed due to the remand.

The Board denied an initial rating in excess of 60 percent for intervertebral disc syndrome with lumbar spondylosis and degenerative disk disease from April 3, 2015.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of this decision. The Board also found that he meets criteria for a TDIU for the period beginning October 29, 2013.

The Veteran's obstructive sleep apnea was incurred in service and is granted. His gastrointestinal disorder, including erosive gastroduodenitis and gastroenteritis, is not related to his military service. The Veteran's chronic musculoligamentous lumbar strain is also not related to his military service.

The Board denied the Veteran's claims for service connection for various conditions, including left ear hearing loss, a back disorder, bilateral upper and lower extremity numbness, chronic migraines, anxiety and depressive disorders, and bilateral hip and knee disorders. The evidence did not support a finding of in-service incurrence or continuity of symptomatology.

The Veteran's hypertension is not rated higher than noncompensable due to blood pressure readings consistently below the threshold for a compensable rating.,For his low back disability, the evidence does not support an initial rating in excess of 20 percent as there is no indication of favorable ankylosis or significant functional impairment. The Veteran's radiculopathy has also been rated appropriately based on its associated neurologic findings.,The separate rating for right lower extremity radiculopathy remains appropriate given the service-connected lumbar spine disability, and the left lower extremity radiculopathy is rated as 20 percent disabling overall.,For his left shoulder disability, a compensable rating of 20 percent has been granted based on limited motion, pain, and excess fatigability.

The Board found that the Veteran's low back sprain preexisted service and was not aggravated by service. The degenerative disc disease of the lumbar spine status post laminectomy with spinal stenosis is not related to service, and scoliosis is related to service. The right leg disability is not proximately due to or aggravated by a service-connected disease or injury.

The Board found that the Veteran's current low back disorder is not causally related to his military service and denied his claim for service connection.

The Veteran's lumbosacral osteoporosis with sacroiliac strain has resulted in severe limitation of motion throughout the period of the claim, warranting a 40 percent rating.

The Board has denied the Veteran's claims for service connection for his right knee, left knee, and left ankle disabilities as secondary to a service-connected disability. The claim for service connection for a left ear hearing loss disability is also denied.

The Board has denied the Veteran's increased rating claims for his lumbosacral strain, left knee, and right shoulder disabilities. The case is now being remanded to obtain additional medical opinions and VA treatment records.

The Veteran's thoracic and lumbosacral strain is found to be secondary to his service-connected lower extremity disabilities. The right knee patellar pain rating prior to September 6, 2007, and the right hip trochanteric bursitis are both granted.

The Veteran's claim for specially adapted housing and special home adaptation grant is denied as he does not meet the eligibility criteria. The effective date for service connection of bilateral knee extension issues is denied as it occurred after August 11, 2010. Initial compensable ratings for limited extension of the left and right knees are also denied.

The Board has remanded the case for further development due to issues with the 1996 emergency room records and the September 2014 VA examination.

The Veteran's generalized anxiety disorder has been granted a 70 percent rating, effective from March 19, 2011.,His right upper extremity radiculopathy and left upper extremity radiculopathy have both been granted initial ratings of 40 percent and 30 percent respectively.

The Board found that the reduction in rating from 40 to 20 percent for the Veteran's low back disability was appropriate due to improvement in her condition, including improved range of motion and absence of neurological symptoms.

The Board has determined that the Veteran's current low back disorder, diagnosed as degenerative disc disease of the lumbosacral spine with a history of surgeries at L4-5 and L5-S1 levels, is not related to service. The condition was first noted many years after separation from active duty.

The Board found that the Veteran's low back disorder did not manifest within one year of service separation and was not caused or aggravated by any aspect of service. Therefore, service connection for a low back disorder is denied.

The appeal is being remanded for additional development, including obtaining records from the Social Security Administration and adjudicating a claim for an increased rating for the Veteran's lumbar spine disorder with lower extremity radiculopathy.