Back / lumbar spine decisions — 2017

The Veteran's claim for an increased rating for his service-connected low back strain was denied. The appeal is also denied regarding the effective date of service connection for right lower extremity radiculopathy, as it was not factually ascertainable that the condition existed prior to March 29, 2016.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and conducting VA examinations to assess the severity of his back disability and its impact on his employment.

The Veteran's claim for service connection for pseudofolliculitis barbae was granted. The claims for service connection for a skin condition to include tinea cruris, low back disability, and headaches remain pending.

The Veteran has withdrawn his appeals for increased ratings for service-connected degenerative joint and disc disease of the lumbar spine, and cervical spondylosis and degenerative disc disease status post fusion. As a result, these issues are dismissed.

The Veteran's service-connected lumbosacral spine degenerative disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are now rated at 40 percent effective May 5, 2017.

The Veteran's initial rating for migraine and tension headaches has been granted at a 50 percent level, effective from the date of claim. The right knee disability is rated at 10 percent, effective from the date of claim.

The Veteran's claims for service connection for type II and type I diabetes, bilateral hand disability, low back disability, right knee disability, right hip disability, bilateral wrist disability, and neurological disorder of the lower extremities have been denied as there is no evidence of in-service exposure to herbicide agents or a link between these conditions and service. The Veteran's claims for increased rating for onychomycosis and dental disorder are dismissed due to withdrawal by the Veteran.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a low back disability. However, the preponderance of the evidence is against finding that any current low back condition is related to service. The Board also denied the Veteran's claims for bilateral Achilles/heel disability.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and thus the claims are denied.

The Veteran's appeals for increased evaluations for his lumbar spine degenerative disc disease and spondylolisthesis with stenosis, left lower extremity neuropathy, and right lower extremity neuropathy have been dismissed due to the death of the Veteran.

The Board has determined that a VA medical examination is needed to determine the nature and etiology of any current lower back condition, including whether it is related to service. The case will be remanded for this purpose.

The Veteran's appeal is being remanded for further evaluation of his service-connected lumbar spine disability, including a new VA examination to assess the current severity of his condition.

The Veteran's rating for degenerative disc disease of the lumbar spine was reduced from 20 percent to 10 percent effective October 25, 2012. The Board has determined that the evidence does not support a reduction and restored the original 20 percent rating.

The Board has granted service connection for a left knee disability, finding that the Veteran's current left knee disability is at least as likely as not causally related to his service-connected right knee disability. The claim for rating in excess of 10 percent for a low back disability was remanded due to insufficient evidence.

The Board has determined that the Veteran's fibromyalgia is related to her military service and has granted service connection for this condition. The issue of a rating in excess of 10 percent for lumbar strain remains under consideration.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new VA examination to assess the severity of his service-connected lumbar spine disability.

The Veteran's right wrist, ankle, and knee disabilities are found to be related to service. Her acquired psychiatric disorder is also found to be related to service.

The Board has reopened the claim of service connection for a low back disability and granted it, finding that the Veteran's current low back disability is caused or aggravated by his service-connected left knee and foot disabilities.

The Board has determined that the Veteran's joint and nerve pain is not caused or aggravated by his service-connected HIV, and therefore, denied all claims for secondary service connection.

The Veteran's lumbar spine degenerative disc disease has been manifested by forward flexion greater than 30 degrees with pain and tenderness, but no additional functional impairment due to pain, flare-ups, ankylosis, or incapacitating episodes. The Board finds a preponderance of the evidence is against assignment of an increased disability rating for the Veteran's lumbar spine degenerative disc disease.