Back / lumbar spine decisions — 2017

The Board has found new and material evidence to reopen the claim for service connection of a thoracolumbar spine disability. The Veteran's current DDD is considered incurred in active service.

The Board has determined that the Veteran's lumbar spine disability and prostatitis are not related to service, with the exception of a possible new problem for prostatitis starting in 1996. The claims are therefore denied.

The Board has determined that the claim for service connection for a low back disorder to include lumbar myositis and herniated discs is dismissed as the RO's July 2013 grant of service connection resolved the issue.

The Board denied higher initial ratings for the Veteran's lumbar spine and right knee disabilities, but awarded separate 10 percent ratings for mild incomplete paralysis of the left and right sciatic nerve associated with the lumbar spine disability.

The Veteran has withdrawn his appeals regarding the increased ratings for lumbar spine degenerative disc disease, right AC joint degenerative arthritis, right knee laxity, right knee degenerative arthritis, and pes planus.

The Board found that the Veteran's current low back and right shoulder disabilities are not related to service, as there is no evidence of chronic symptoms in service or continuous symptoms since service. The VA examiner opined that these conditions are not causally related to service.

The Veteran's low back strain is rated at 40 percent, effective from the date of this decision. The right lower extremity radiculopathy was initially granted a 10 percent rating prior to August 18, 2011 and subsequently increased to 20 percent thereafter. Service connection for a heart murmur has not been established.

The Veteran's appeal is being remanded for additional development, including VA examinations and medical opinions, to address the issues of service connection for a back disorder, increased evaluations for right foot disability, chondromalacia, left knee, residuals of an injury to the right knee, and pseudofolliculitis barbae (PFB), as well as TDIU.

The Veteran's lumbar spine disability is found to be related to service, and his HTN is found to be proximately due to his cystic kidneys. The heart disorder is also found to be proximately due to the Veteran's HTN.,The Veteran has a psychiatric disorder that is proximately due to his service-connected disabilities.

The Board has determined that the Veteran's skin conditions, right testicle disorder, and acquired psychiatric disorder are not related to his active duty service. The Veteran's bilateral lower extremity radiculopathy is also not shown to be related to service or a service-connected disability. Service connection for hearing loss was denied due to lack of evidence meeting criteria under 38 C.F.R. § 3.385.

The Veteran's sleep apnea is found to have begun in service and the Board finds it as likely as not that his current condition began during active duty. The remaining issues are addressed in the REMAND portion of the decision below.

The Veteran's lumbosacral strain disability has been rated as 10 percent disabling throughout the appeal period.,The Veteran's bilateral hearing loss disability does not meet the criteria for a compensable rating.

The Veteran's appeal has been withdrawn prior to a decision being made.

The Board is remanding the case for additional development, including obtaining outstanding medical records and providing a new VA medical opinion to determine if the Veteran's primary or contributory causes of death were due to service-connected disabilities.

The Veteran's appeals have been dismissed due to the withdrawal of his appeal by his representative.

The Veteran's right and left heel spur syndromes have been rated at 20 percent each, effective as of the date of his request for an increased evaluation.,The Veteran's low back strain issue remains unresolved.

The Board has determined that additional development is needed before the claims can be fully adjudicated.

The Veteran's degenerative disc disease of the lumbar spine is caused by his service-connected bilateral hip bursitis, and this decision grants service connection for that condition.

The Veteran's cervical spine disability, including degenerative disc disease and left C7-C8 radiculopathy, has been rated at 30% since the effective date of the decision. This rating is based on forward flexion limited to 15 degrees or less.

The Board finds that the Veteran's lumbar spine disorder with traumatic arthritis, sciatic neuropathy, and degenerative disc disease with radiculopathy is etiologically related to his service-connected coccyx fracture residuals. As a result, the claim for service connection is granted.