Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's service-connected degenerative disc disease of the lumbar spine warrants a 20 percent evaluation, as there is evidence of muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as reversed lordosis.

The Veteran's left knee disability has been rated as noncompensable from January 1, 2010 to September 14, 2012 and then increased to 10 percent thereafter. The back disability was initially rated at 10 percent from January 1, 2010 to May 22, 2015 and later increased to 40 percent.,The Veteran's left knee scar has been withdrawn from appeal.

The Veteran has withdrawn her appeals for the issues of service connection for tinnitus, increased ratings for post-operative residuals of a total abdominal hysterectomy with right salpingo-oophorectomy, peptic ulcer disease, gastritis and a small hiatal hernia; and an increased rating for thoracolumbar strain.

The Veteran's lumbar strain and degenerative disc disease are rated at 20 percent prior to March 30, 2016, and at 40 percent thereafter. The Board found that the evidence is at least evenly balanced as to whether the symptoms of the Veteran's thoracolumbar spine disability more nearly approximate flexion less than 30 degrees required for a 40 percent rating.,The Veteran's Bell's palsy is rated at 10 percent, and the Board determined that there is no evidence showing severe incomplete paralysis as defined in the applicable regulation.

The Board denied service connection for a low back disorder, finding no evidence of such condition during or within one year after service. The Veteran's current low back disorder is not related to his period of service.,Service connection was also denied for left leg hemiparesis with spasticity and left hip degenerative joint disease, as there were no findings of these conditions in service or within a year following service.

The Veteran's claim for service connection for degenerative disc disease with degenerative changes of lumbar spine is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's cervical spine disorder is found to be related to service, and the Board grants service connection for this condition. The thoracolumbar spine disorder remains unclear as to whether it has been diagnosed or if there is a current disability.

The Veteran's claims for service connection for back disability and radiculopathy of the upper and lower extremities are being remanded due to incomplete records, need for VA examinations, and further development.

The Board has determined that the Veteran's current diagnosed low back disability is at least as likely as not related to his service, including an in-service injury during boot camp. Therefore, the claim for service connection is granted.

The Veteran seeks service connection for a back disability, which he claims is related to his active duty for training in the Ohio Army National Guard. The Board finds that additional development is needed to verify his periods of service and obtain any available medical records.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's neck, upper back, and right shoulder disabilities are being remanded for further development including a VA examination to determine their etiology.

The Veteran's appeal has been dismissed due to the death of the appellant during the pendency of the appeal.

The Board has granted service connection for right knee osteoarthritis and lumbar degenerative disc disease and IVDS, finding that the Veteran's current conditions are related to his military service. The other claims were not addressed as they have been narrowed or resolved.

The Veteran's claims for service connection for a dental disorder, melanoma of the face, scalp, back, and chest, chronic disability manifested by numbness in the legs, back disorder, and right knee disorder have been denied as there is no evidence of these conditions during his active duty or within one year thereafter. The Board finds that the Veteran did not sustain any injuries to his teeth or develop a dental condition while on active duty. He also does not have a current diagnosis of melanoma of the face, scalp, back, and chest. His claimed disorders are not related to service.

The Board has determined that the Veteran's current lumbar spine degenerative disc disease is related to his active duty service and grants service connection for this condition.

The Veteran's bilateral shoulder, back, and neck disabilities are being remanded for additional development to determine if they are caused or aggravated by his service-connected bilateral plantar fasciitis.

The Board has determined that an effective date earlier than February 11, 2011 for the grant of SMC based on the need for regular aid and attendance is denied. The Veteran withdrew his prior claim for this benefit in March 2007.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing an addendum opinion on whether the Veteran's current back conditions are related to his service or service-connected foot disabilities.

The Veteran's hypertension was not incurred in service and is not related to his service-connected disabilities. The claim for increased rating of the thoracolumbar spine disability, including myofascial syndrome of the lumbar spine with degenerative joint disease, is denied as there is no evidence of ankylosis or incapacitating episodes due to intervertebral disc syndrome (IVDS).,The Veteran's radiculopathy of the right lower extremity was manifested by moderate incomplete paralysis for the entirety of the appeal period. The claim for increased rating in excess of 10 percent is denied as there are no findings of ankylosis or incapacitating episodes due to IVDS.