Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's dementia, bilateral hearing loss, hypertensive vascular disease, and degenerative disc syndrome are related to service due to exposure to asbestos.

The Board has granted service connection for right knee osteoarthritis, left knee osteoarthritis, and lumbar spondylosis as these conditions were aggravated by the appellant's service-connected right and left knee disabilities.

The Veteran's claims for service connection have been denied as there is no evidence of a nexus between the claimed conditions and active service.

The Board has remanded the case due to incomplete development of evidence regarding an aircraft/vehicle accident in Germany. The Veteran's claims for service connection for bilateral knee and back disorders are now before the Board.

The Veteran's service-connected disabilities, including a lumbar spine disability, cervical spine disability, right and left shoulder disabilities, bilateral lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for increased disability ratings and TDIU were denied. The maximum schedular rating for residuals of status-post hemorrhoid surgery has been granted, but the Veteran does not meet criteria for a higher rating. Lumbosacral strain is rated at 20 percent disabling, peripheral neuropathy of the right lower extremity at 10 percent, and left lower extremity at 10 percent. The Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's DDD at T12 to L3 is currently rated as noncompensable, but the Board has granted a 10 percent rating based on painful motion during flare-ups.,The Veteran's GERD is currently rated as noncompensable, but the Board has granted a 10 percent rating based on the symptoms of pyrosis and regurgitation.

The Board has determined that the Veteran's left shoulder disability, including degenerative disc disease, is aggravated by his service-connected cervical spine degenerative disc disease. Therefore, the claim for service connection is granted.

The Board denied the Veteran's claims for service connection for various conditions, including fibromyalgia, chronic fatigue syndrome (CFS), a right ankle disability, residuals of low back injury, right lower extremity sciatica, sinusitis, rhinitis, IBS, and GERD. The decision also addressed reopening of his claim for service connection for asbestos exposure.

The Veteran's claim for an increased rating for his lumbar strain is being remanded due to the need for a new VA examination and consideration of additional medical records.

The Veteran's lumbar spine disability has not manifested in unfavorable ankylosis of the thoracolumbar spine, and therefore does not warrant a higher rating. The claim for increased evaluation is denied.

The Veteran's claim for special monthly pension based on the need for aid and attendance is denied as he does not meet the criteria for such benefits.

The Veteran's lumbar spine disability was not service-connected, and his hallux valgus did not warrant a compensable rating prior to March 12, 2015. The tarsal tunnel syndrome warranted an initial rating in excess of 10 percent from October 6, 2016.

The Board has determined that the Veteran's low back disorder is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's low back disability was rated at 20 percent prior to May 22, 2017 and is currently denied for a higher rating. The left lower extremity radiculopathy has been rated at 10 percent prior to February 25, 2015 and is currently denied for a higher rating.

The Veteran's migraine headaches are rated at the highest possible schedular rating (50%) and do not warrant an extra-schedular evaluation.,The Veteran's intervertebral disc syndrome of the thoracic and lumbar spine does not meet or approximate the criteria for a higher than 20 percent disability rating under any applicable diagnostic code.,The Veteran's left lower extremity neurological impairment due to disc prolapse at L5-S1 does not warrant a higher than 20 percent disability rating under any applicable diagnostic codes.,The Veteran's memory impairment due to undiagnosed illness does not meet or approximate the criteria for a higher than 10 percent disability rating under any applicable diagnostic codes.

The Board finds that the Veteran's current thoracolumbar degenerative disease is related to his service, specifically an in-service ejection from a plane which likely caused back injuries. Resolving all reasonable doubt in favor of the Veteran, the claim for service connection for lower back disability is granted.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds no basis to grant a higher rating based on the evidence of record. The condition primarily manifests as limited forward flexion to 60 degrees with pain, tenderness, and an altered gait.

The Board has remanded the case due to inadequate medical opinions and need for further examination.

The Board has granted service connection for a left wrist disability, a low back disability, and a bilateral hip disability.,All reasonable doubts have been resolved in favor of the Veteran regarding her current disabilities.