Back / lumbar spine decisions — 2017

The Board has denied the Veteran's claims for service connection for low back, bilateral ankle, and bilateral hip disabilities as secondary to his service-connected osteoarthritis of the knees. The evidence does not support a finding that these conditions are related to his service-connected knee condition.

The Board has determined that the Veteran's lumbar spine DJD and right lower extremity radiculopathy do not warrant a higher rating under the applicable VA rating criteria.

The Veteran's PTSD, back disability, and right knee disability are all granted as service-connected. The Board found that the stressor for PTSD occurred during active duty, and there is no indication of a superimposed injury or disease in service. The back condition was not shown to be related to service due to congenital defect without additional disability. The right knee disability does not appear to have been incurred in service.

The Veteran's lumbar spine disability has not resulted in a loss of forward flexion of 60 degrees or less, a combined range of motion of the thoracolumbar spine less than 120 degrees, lumbar radiculopathy, muscle spasm, or guarding severe enough to result in an abnormal gait or spinal contour. Therefore, his claim for increased ratings is denied.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, as he has maintained at least part-time employment throughout the appeal period with only temporary, short-term periods of unemployment related to budgetary or contracting issues.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a back disability, and thus the appeal is denied.

The Veteran's appeal for increased ratings for hallux rigidus/hallux limitus, status post arthroplasty and lumbar strain was denied. The maximum rating of 10 percent is assigned for the right foot disability.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and arranging for additional examinations to assess the current severity of his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining service hospital records and VA treatment records. He is also to be scheduled for VA examinations to determine the etiology of his back disability, left leg disability, and acquired psychiatric disabilities.

The Veteran's PTSD and major depression with alcohol and marijuana dependence are rated at 70 percent, warranting a higher evaluation. The Veteran also has additional service-connected disabilities independently ratable at 60 percent or more disabling, which is separate from his TDIU.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbar spine was denied. The rating prior to March 27, 2015, is denied as it does not meet the criteria for a higher rating than 20 percent. From March 27, 2015 onwards, the claim is also denied as it does not meet the criteria for a higher rating than 40 percent.

The Board dismissed the claim of CUE in the October 30, 1997 rating decision denying service connection for the back disability. The Veteran's earlier effective date and increased rating claims for sciatic neuropathy were denied as there was no clear evidence that the disabilities were related to his service-connected back disability.

The Veteran's cervical spine disability is currently rated at 30 percent, reflecting severe incomplete paralysis of the left upper extremity (left arm). The right upper extremity neurological disability has also been rated at 40 percent.

The Veteran's service-connected chronic lumbar strain is rated at 10 percent, and she was granted a rating in excess of the current 10 percent for this condition. The Board found no evidence to support additional ratings based on her complaints or examination findings.

The Veteran's claims for increased evaluations and service connection were denied. The lumbar spine disability was evaluated as 20 percent disabling prior to June 27, 2013, and 40 percent thereafter under the General Rating Formula for Diseases and Injuries of the Spine. For migraine headaches, a very frequent, completely prostrating attacks productive of a severe economic impairment were established beginning December 26, 2013. The hypertension was not shown to warrant an evaluation in excess of 10 percent.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the current severity of his bilateral hearing loss and whether any low back disability with lower extremity radiculopathy was incurred in service or related to any incident of service. The examiner must also determine if any acquired psychiatric disorder and erectile dysfunction are secondary to his low back disability.

The Board has granted service connection for left shoulder and back disabilities, as well as for obstructive sleep apnea. Service connection was also reopened for the Veteran's left ear hearing loss due to in-service noise exposure.

The Board has determined that there is not sufficient evidence to establish service connection for a low back disability, including degenerative arthritis of the spine. The Veteran's single documented in-service injury did not result in chronic symptoms and he was not diagnosed with arthritis within one year of separation from active duty.

The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by active service and is not proximately due to a service-connected disability. The Veteran's bilateral hearing loss disability, however, was incurred during active service.

The Veteran's lumbar strain disability has been rated at 40 percent since April 27, 2015. The Board finds no evidence of ankylosis or other conditions warranting a higher rating.