Back / lumbar spine decisions — 2018

The Board has reopened the Veteran's claims of service connection for PTSD, but denied reopening of his claims for service connection for bilateral foot disability and back disability. The case is remanded for further development.

The Board denied service connection for left shoulder disorder, low back disorder, and bilateral lower extremity numbness as there was no credible evidence linking these conditions to service. The Veteran's statements were found less persuasive than the other evidence of record.

The Board has granted service connection for the Veteran's low back disorder and residuals of a lumbar laminectomy, finding that there is at least equipoise evidence to support this claim.

The Board has determined that the Veteran's lower back disability did not manifest within one year of service and is not related to an in-service injury or disease. As such, the claim for service connection is denied.

Service connection is granted for right knee strain, meniscal tear, and arthritis.,Service connection is granted for left knee strain, meniscal tear, and arthritis.,Service connection is granted for lumbosacral strain, disc herniation, and degenerative disc disease.,Service connection is granted for bilateral shoulder strain as secondary to service-connected bilateral knee disabilities.,Service connection is granted for major depressive disorder as secondary to service-connected bilateral knee disabilities.,Service connection is granted for generalized anxiety disorder as secondary to service-connected bilateral knee disabilities.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for low back disability and COPD. However, the preponderance of the evidence is against finding a direct or presumptive link between these conditions and service.

The Board has remanded the Veteran's claims for cervical and lumbar spine disabilities due to insufficient medical opinions regarding service connection. The Veteran asserts that his current spinal conditions are related to his military service, but VA medical opinions have not provided sufficient rationale.

The Veteran's lumbar spine disability and associated radiculopathies of the left and right lower extremities were denied, with ratings assigned for each condition based on their severity.

The Veteran's lumbar spine disability and associated radiculopathy of the lower extremities are granted with effective dates ranging from August 3, 1999 to January 2, 2012. Effective August 3, 1999, a rating of 60% for sciatic neuropathy is granted. Separate ratings of 20% each for radiculopathy of the left and right lower extremities are granted since January 2, 2012.

The Board has granted service connection for arthralgia as secondary to the Veteran's service-connected diabetes mellitus, type II.

The Veteran's appeal for an increased rating of his back disability has been denied. The Board found that the evidence did not support a finding of unfavorable ankylosis or incapacitating episodes lasting at least six weeks in the past year, which are required for higher ratings under VA regulations. The appeal for TDIU is also remanded as the combined service-connected disability rating does not meet the threshold requirements for such a claim.

The Board has denied service connection for gouty arthritis, cervical spine disability, lumbar spine disability, prostate disability, and urinary incontinence as these conditions are not shown to be related to military service.

The Board has remanded the case for further action on the issue of a rating in excess of 10% for chronic lumbar strain. The Veteran's service-connected conditions include left ankle fracture and chronic lumbar strain, with no indication of any service connection theory other than direct service connection.

The Veteran withdrew his appeals on all the listed issues, including amputated left small toe, low back disability, left hip disability to include convalescence, swelling below left ear/jaw, enlarged testicle, prostate disability and gynecomastia.

The Veteran's claims for increased rating and TDIU are remanded due to the need for additional VA examinations, treatment records review, and consideration of new evidence.

The Veteran's claim for additional special monthly compensation at the R-1 rate is denied because he does not meet the requirements for SMC m, n, o, or p.

The Veteran's claims for increased evaluations of his lumbar spine and left knee disabilities are being remanded due to the need for additional examinations to assess current severity.

The Board has determined that the Veteran's DDD of the lumbar spine was not caused by service and did not manifest within the applicable presumptive period. The claim for service connection is denied.

The Veteran's multi-level DDD scoliosis with degenerative arthritis of the lumbar spine is currently rated at 20 percent, which does not meet the criteria for an increased rating.,For paralysis of the left and right lower extremities associated with multi-level DDD scoliosis with degenerative arthritis of the lumbar spine, the Veteran's ratings remain at 10 percent.

The Board has ordered remand for additional examinations and opinions due to the VA's failure to comply with its duty to assist in obtaining an adequate medical opinion.