Back / lumbar spine decisions — 2018

The Veteran's lumbosacral spine disability is currently rated at 40 percent, effective October 26, 2017. The issue remains on appeal for a higher rating prior to that date.,TDIU was granted from August 2010 to prior to October 26, 2017.

The Board denied service connection for morbid obesity, including as due to service-connected degenerative joint disease of the lumbosacral spine. The claim for ulnar neuropathy of the right wrist and rating for lumbosacral spine disability is remanded.

The Board has granted service connection for the Veteran's claimed conditions of degenerative disc disease and degenerative joint disease of the lumbar spine, left knee DJD, adjustment disorder with mixed anxiety and depressed mood, and major depressive disorder. The grants are based on these conditions being proximately due to his service-connected right knee disability.

The Veteran's claim for service connection for bilateral sensorineural hearing loss (SNHL) is denied as there is no objective medical evidence to support a diagnosis of bilateral SNHL.,For the period prior to January 11, 2018, the Veteran’s lumbar spine condition was not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine not greater than 120 degrees; muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis; ankylosis; or doctor-prescribed bed rest. Therefore, a rating in excess of 10 percent is denied.,From January 11, 2018, the Veteran’s lumbar spine condition was manifested by forward flexion of 30 degrees and did not require doctor-prescribed bed rest at any during this period. Thus, a rating in excess of 40 percent is denied.,For the period prior to September 17, 2015, the Veteran’s right lower extremity radiculopathy was manifested by mild, incomplete paralysis of the sciatic nerve of an entirely sensory nature. From September 17, 2015, it was manifested by moderate, incomplete paralysis of the sciatic nerve of an entirely sensory nature. Therefore, a rating of 20 percent is granted for right lower extremity radiculopathy from September 17, 2015.,The Veteran's claim for TDIU is granted.

The Veteran's right ear hearing loss is not service-connected as it pre-existed service and did not worsen during service.,The Veteran's lumbar spine disability is service-connected as it is at least as likely as not related to complaints of chronic back pain during service.

The Veteran's right ankle disability is rated at 10 percent prior to September 9, 2013 and 20 percent thereafter. The Veteran's herniated disc of the lumbar spine with radiculopathy is granted service connection.

The Veteran's claim for service connection for psoriatic arthritis is granted with an effective date of June 11, 2008. The Board also found that the earlier claim for a skin rash inherently included a claim for psoriatic arthritis.

The Board has decided to remand the claims for a disability rating and TDIU due to service-connected low back disability. The Veteran's condition is expected to be re-evaluated through a new VA examination, as well as his claim for TDIU will also need to be reconsidered.

Service connection for a back disorder (claimed as crooked spine) is denied.,Service connection for a lung disorder, claimed as spot on the lung, is denied.

The Veteran's claims for service connection for a lumbar spine disability and right knee disability, as well as his increased rating claim for PTSD, have been denied.,PTSD is currently rated at 30 percent prior to October 17, 2012, with no further ratings granted.

The Veteran's claim for a higher rating for schizoaffective disorder has been granted, effective from December 1, 2016. The Board also found that the Veteran requires regular aid and attendance due to his service-connected schizoaffective disorder, leading to an award of SMC based on need for aid and attendance.

The Board has remanded the Veteran's claims for service connection for her lumbar spine, right hip, and left hip disabilities as secondary to her service-connected right and left knee disabilities due to outstanding VA and private treatment records needing to be obtained. The Veteran should also undergo a VA examination to assess the current severity of her right and left knee disabilities and addendum opinions are needed regarding her lumbar spine, right hip, and left hip disabilities.

The claims for service connection are being remanded due to the need for additional medical opinions and records. The Veteran's back disorder, gastritis, acquired psychiatric disorders (anxiety and depression), erectile dysfunction, and hypertension are all under review.

The Board has determined that the evidence is in equipoise as to whether the Veteran's end stage dementia was related to his military service and service-connected disabilities, including PTSD and CAD. Therefore, service connection for the cause of the Veteran’s death is granted.

The Veteran's appeal was denied because his substantive appeal for service connection for bilateral hearing loss and tinnitus, as well as low back disorder, was not timely filed. The Board also found that the VA examination related to the low back disorder was inadequate.

The Veteran's bilateral hand condition is not related to his active service.,The Veteran's knee conditions are not related to his active service.

The Veteran's claims for service connection for cervical spine, thoracolumbar spine, right knee, and left knee disabilities have been granted. The conditions are considered to be directly related to the Veteran's active military service.

This appeal is dismissed as the Veteran withdrew her appeals on several issues, including a rating for DDD of the lumbar spine and PTSD. The right foot disorder claim was reopened due to new evidence.,New evidence has been received that supports service connection for a right foot disorder.

The Board denied service connection for lumbar back sprain with residual spondylosis and right hip arthritis. The Veteran's claim for Hepatitis B compensation under 38 U.S.C. § 1151 was also denied.

The Board has remanded the Veteran's claims for service connection due to missing VA treatment records and a need for further examination. The issues include back disability, neck disability, hip disorders, lower extremity neuropathies, muscle cramps, edema, and upper left arm pain.