Back / lumbar spine decisions — 2018

The Board denied service connection for bilateral hearing loss disability, tinnitus, right shoulder disorder, and lumbar spine disorder as the evidence did not show a current disability that began during or was otherwise related to service.

The Board denied reopening of the claims for service connection for a back condition, patellofemoral syndrome of the right knee, and patellofemoral syndrome of the left knee due to lack of new and material evidence.,No specific exposure basis was provided in the decision.

The Veteran's claim for service connection for PTSD, cervical spine disability, TBI-related migraine headaches, lumbar spine disability, and endometriosis was granted with an effective date of January 2, 2014. The initial rating for the lumbar spine disability is set at 20 percent. For endometriosis, a compensable rating is assigned prior to December 31, 2014, but not since that date.

The Board has remanded the Veteran's claims for service connection for cervical spine disorder, thoracolumbar spine disorder, upper left arm nerve disorder, and right leg nerve disorder (radiculopathy) due to lack of a VA examination. The Veteran is presumed to have suffered from these conditions during his military service.

The Board has remanded the Veteran's claims for left wrist, right shoulder, right arm pain, left arm pain, lumbar spine degenerative disc disease (low back disability), left knee arthritis, and right knee arthritis due to insufficient medical opinions regarding the severity of his left wrist condition, nature and etiology of his right shoulder and arm disabilities, and nature and etiology of his low back and knee conditions.

The Veteran's low back disability is currently rated at 20 percent, the highest rating available. The Board found that his symptoms did not warrant a higher rating as he had forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees.

The Board denied service connection for the Veteran's low back disability, finding that his conditions existed prior to service and were not aggravated by service.

The Veteran was granted TDIU from August 1, 2009 and prior to October 31, 2016 due to his service-connected back disability and bilateral lower extremity radiculopathy. The Board found that the Veteran's disabilities rendered him unable to secure or follow a substantially gainful occupation during this period.

The Veteran's low back disability is rated at 40 percent, effective February 6, 2014. The rating for radiculopathy of the right lower extremity (sciatic nerve) remains at 20 percent.

The Veteran's claim for service connection for a low back disability, secondary to his right knee disability, has been reopened. His right knee degenerative joint disease and meniscus removal have both been granted increased ratings.

The Veteran's claims for service connection for right hip and leg disorders as secondary to his chronic low back disorder, and for a cervical spine disorder are all denied. The Board finds that the evidence does not support these claims.

A separate, 30 percent rating for the side effects of medications used to treat lumbosacral strain with DDD and degenerative arthritis is granted. The initial rating for chondromalacia of the right knee remains remanded.

The Board denied service connection for arthritis of the right hand and fingers, as well as low back disorder. The preponderance of evidence did not support a link between these conditions and service.

The Board has remanded several issues including earlier effective dates, increased ratings, and service connection for various disabilities. The Veteran's child is the appellant.

The Board denied earlier effective dates for the award of service connection for PTSD, bipolar I disorder, and thoracolumbar strain due to lack of prior claims filed before July 30, 2010.

The Board denied service connection for a low back disability, bronchitis, and pharyngitis. The Veteran's anxiety disorder with insomnia was rated at 50%.,The evidence did not support the claims of service connection for these conditions.

The Veteran's lumbar strain is not rated higher than 20 percent.,The Veteran's right knee DJD and arthritis are each rated at noncompensable levels.,The Veteran's right knee instability prior to July 25, 2016 was rated at a noncompensable level. From that date forward, the rating is 10 percent for instability.,The Veteran’s lumbar strain and right knee DJD/Arthritis are not entitled to higher ratings.

The Veteran's claim for a TDIU is remanded. His claims for service connection of lumbosacral strain, left knee pain, right knee pain, and degenerative arthritis of the spine are not addressed in this decision.

The Veteran's claims for service connection for hypertension, lumbar spine disability, dysthymic disorder, and major depressive disorder have been granted. The claim for service connection for hypertension is granted as secondary to his service-connected PTSD.

The Board has determined that the Veteran's lumbar spine disability is at least as likely as not related to his military service, and thus grants service connection for this condition.