Back / lumbar spine decisions — 2018

The Veteran's claim for an initial rating higher than 10 percent for his service-connected lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome is remanded due to recent worsening symptoms and need for updated VA treatment records.

The Board has determined that the Veteran's low back degenerative disc disease is related to an in-service fall and hospitalization, granting service connection for this condition.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disorder, right hip disorder, and sleep disorder to include obstructive sleep apnea (OSA) due to incomplete records of his military service.

The Veteran's initial ratings for lumbosacral strain, left ankle strain, and right ankle strain are being remanded due to the need for additional examinations to assess their current severity.

The Veteran's appeal is remanded due to the need for additional examination of his right knee disability.

The Board has reopened the Veteran's claim for service connection for myofascial pain syndrome due to new and material evidence. The claims for service connection for fatigue (secondary to myofascial pain syndrome), evaluation in excess of 10 percent for degenerative changes of the lumbar spine with herniated nucleus pulposus at L4-L5, and TDIU are remanded.

The Board has granted separate ratings of 10 percent for removal of semilunar cartilage in both knees. The issues of initial ratings in excess of 10 percent for right and left knee arthritis, compensable rating for a left big toe disability, initial rating in excess of 10 percent for cervical spine disability, and initial rating in excess of 10 percent for lumbar spine disability are being remanded. The issue of entitlement to higher ratings for tinnitus and right foot disability is also being remanded. A TDIU claim is being inferred.

The Board has remanded the claims for service connection for a low back disability and right knee disability, to include as secondary to a service-connected left knee disability. Additionally, the claim for an increased rating in excess of 10 percent for left patella tendonitis with arthritic changes is also being remanded.

The Veteran's spine disability, which includes degenerative disc disease and multiple surgical procedures, is rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine. The combined rating for orthopedic and neurological manifestations does not exceed 60 percent.,A 20 percent rating has been granted for the Veteran's right ankle fracture.

The Board has reopened the Veteran's claims for service connection for low back disability and right shoulder SLAP tear, but has remanded both issues due to inadequate medical opinions.

Service connection for obstructive sleep apnea (OSA) is granted. The reduction of rating for left L4 5 microdiscectomy scar residuals from 10 percent to noncompensable, effective May 5, 2016, was improper and the 10 percent rating is restored.

The Veteran's lumbar spine disability was granted service connection in November 2012 and rated at 0 percent. The claim for a higher rating is denied as the evidence does not meet the criteria for a compensable or increased rating prior to June 19, 2004, and in excess of 10 percent thereafter.

The Board has granted an earlier effective date of September 9, 1978 for the grant of service connection for thoracolumbar spine disability. The Veteran's original claim was received in January 1979 within one year of his separation from active duty. For radiculopathy of the left lower extremity involving the sciatic nerve and right lower extremity, the Board has denied an effective date prior to April 30, 2013 as there is no evidence of a service connection claim before that date.

The Veteran's service-connected degenerative disc disease of the lumbar spine is rated at 40 percent, but does not meet the criteria for a higher rating as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Veteran's disability rating for degenerative arthritis of the thoracolumbar spine was reduced from 20% to noncompensable effective July 31, 2013.,The Veteran's disability rating for right knee medial collateral ligament tear with instability was reduced from 10% to noncompensable effective July 31, 2013.,The Veteran's disability rating for PTSD was reduced from 50% disabling to 30% disabling effective August 7, 2013.

The Board has determined that the Veteran's service-connected disabilities are not incurred in line of duty due to his own willful misconduct, and thus cannot be granted service connection for any of the claimed conditions.

The Veteran's claim for skin cancer was reopened due to new evidence submitted.,For the low back disability, a rating greater than 10 percent is denied prior to May 3, 2017 and a remand is ordered for further evaluation after that date.

The Board has denied service connection for hearing loss in the left ear due to lack of a current diagnosis. The case is remanded for further examination and evaluation regarding right ear hearing loss and cervical spine disability.

The Veteran's schizophrenia is the only service-connected condition, and it does not meet the criteria for special monthly compensation based on aid and attendance or housebound status due to his other conditions and lack of institutionalization.

The Board has remanded the Veteran's claims of service connection for multiple compression fractures of the lumbar spine and bladder cancer due to new evidence submitted since April 2010. The claim for service connection for multiple compression fractures is being remanded for a supplemental medical opinion, while the bladder cancer issue remains pending.