Back / lumbar spine decisions — 2017

The Board has denied service connection for a bilateral knee disorder and a degenerative joint disease of the lumbosacral spine, finding that there is no evidence linking these conditions to service. The Veteran's current disabilities are not considered presumptively related due to lack of continuity or within one year post-service.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a lower back disability allegedly caused by improper treatment at VA Medical Center personnel in November 2008. The case has been remanded to the RO for further consideration of new evidence.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and private treatment records. The issues of increased ratings for the low back disability and left L5-S1 radiculopathy are still pending.

The Veteran's low back disability is currently rated as 40 percent disabling. The claim for a higher rating has been denied.,Effective May 28, 2008, the criteria are met for a rating of 20 percent for radiculopathy of the right lower extremity and effective February 25, 2016, for a rating of 20 percent for radiculopathy of the left lower extremity.,The Veteran's TDIU claim is addressed in the REMAND portion of the decision below and is REMANDED to the Agency of Original Jurisdiction (AOJ).

The Veteran's appeal is being remanded for further development, including new medical examinations and consideration of his TDIU claim.

The Board has decided the appeal is remanded due to the need for additional development, including obtaining VA and private treatment records, and scheduling VA examinations.

The Board found that the reduction of the Veteran's disability rating from 20 percent to 10 percent was improper and restored it to 20 percent effective January 2011. The issue of whether a higher evaluation is warranted for multi-level degenerative disc disease remains pending.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to May 21, 2013 was granted with an effective date of May 21, 2013. The claims for increased evaluations for posttraumatic stress disorder were denied.

The Board denied an initial evaluation in excess of 20 percent from November 1, 2008 to June 28, 2014 and a rating in excess of 40 percent thereafter for the Veteran's lumbar strain.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation consistent with his education and work experience.

The Veteran's low back disability was not incurred or aggravated by service, and the Board finds that it is more likely due to normal aging.

The Board has determined that the Veteran's low back and neck disabilities are at least partially caused by his service-connected knee disabilities, thus granting service connection for these conditions.

The Board has determined that the Veteran's current low back disorder is not caused or aggravated by his service, and it also cannot be linked to his service-connected right and left foot disabilities. Therefore, the claim for service connection is denied.

The Board denied the Veteran's claims for service connection for a low back disability and hypertension, finding that there was no evidence of in-service injury or disease related to these conditions. The examiner opined that the current low back disability is less likely than not incurred during active service.

The Veteran's depression has been rated at 30 percent since December 15, 2008. The rating is maintained as the evidence does not show that she meets the criteria for a higher rating.

The Veteran's appeals for service connection and increased ratings have been dismissed due to the withdrawal of all pending appeals by the Veteran.

The claim for an initial rating greater than 10 percent for lumbar strain with degenerative changes at L4-5 and L5-S1 is being remanded due to the need for a new VA examination that complies with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has determined that the Veteran's current lumbar spine disabilities, including osteoarthritis and degenerative disc disease, are not caused by his active duty service.

The Veteran's appeal for service connection of degenerative disc disease has been dismissed due to his death.

The Board finds that the Veteran's current lumbar and cervical spine disabilities are not related to his active service, and thus does not grant service connection for these conditions.