Back / lumbar spine decisions — 2018

The Veteran's MDD with mild neurocognitive disorder and TBI is rated at 100 percent, effective from the date of claim. The right maxillary sinusitis was not incurred in or aggravated by service. The lumbar spine disability and cervical spine disability were not incurred in or aggravated during service.

The Veteran's bladder and bowel dysfunction and mild foot drag are considered manifestations of his service-connected cervical spine disability, arthritis with spinal stenosis, degenerative disc disease, and cervical cord myelopathy/myelomalacia.

The Board has remanded the case for further development due to insufficient medical opinions and a need for additional examination.

The Board has denied service connection for a thoracolumbar spine disability and a neurological disability of the bilateral lower extremities, finding no evidence to support these claims.,Service connection was also denied for PTSD with ratings higher than initially assigned.

The Veteran's migraine headaches are rated at 50 percent from January 20, 2017. The Board granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's PTSD was found to have only mild or transient symptoms, resulting in a 50% rating. The cases for levoscoliosis (back condition), left wrist post-surgery, right wrist trauma with DJD, and bilateral knee conditions are all remanded due to inadequate examinations.

The Veteran's service connection claim for multilevel degenerative disc and joint disease of the thoracolumbar spine is granted as it meets the criteria for direct service connection.

The Veteran's sleep apnea is granted as secondary to his service-connected degenerative disc disease with L4-5 minimal grade 1 anterolisthesis and L5-S1 minimal retrolisthesis of the lumbar spine. The initial disability rating for his degenerative disc disease remains at 40 percent since July 17, 2016.

The Board has remanded the issues of entitlement to higher initial ratings for DDD of the lumbar spine, left and right lower extremity radiculopathy, propriety of reduction in disability rating for DDD of the lumbar spine from 20% to 10%, service connection for IBS, and SMC pursuant to 38 U.S.C. § 1114(s).

The Veteran's lumbar spine disability was granted a 20% rating as of December 20, 2013. The maximum rating available for this condition is 40%, which was granted effective January 24, 2018.

The Board denied service connection for bilateral hearing loss disability and remanded the issues of rating for back disability, service connection for bronchitis/asthma, and service connection for sleep disturbance.

The Veteran's claim for service connection for a low back disorder was reopened due to the submission of new medical evidence. The claims for cervical spine condition, circulatory problems, and right knee disorder were denied as there is no evidence linking these conditions to his military service.

The Veteran's cervical spine impairment, degenerative changes of the lumbar spine, and headaches are all found to be related to her service. The Board has granted service connection for these conditions.

The Board has remanded the cases due to an unresolved issue regarding whether there is new and material evidence to reopen claims of service connection for left knee disorder, low back disorder, right ankle disorder, and left ankle disorder. The cases will be returned to the RO for further consideration.

The Veteran's appeal for increased disability ratings for lumbar spondylolisthesis has been dismissed as the Veteran requested to withdraw his appeal.

The Board denied service connection for degenerative disc disease of the lumbar spine, lumbar radiculopathy (right leg pain), and prostate cancer. The evidence did not support a finding that these conditions began during service or were related to service.

The Veteran's claim for an increased rating for lumbar degenerative disc disease with lumbar spinal stenosis was denied. The Board found that the evidence did not show ankylosis of the entire thoracolumbar spine, which is required for a higher rating. For the TDIU issue, the Veteran was denied because he had other service-connected disabilities and his combined disability rating was below 70%. He also did not meet the criteria for a TDIU based on age or non-service-connected conditions.

The Veteran's lumbar spine disability is rated at 40 percent, effective December 14, 2012. The Board found the evidence to be at least evenly balanced as to whether the symptoms of his lumbar spine disability more nearly approximate flexion limited to 30 degrees or less, and granted a 40 percent rating in favor of the Veteran.

The Board has determined that the Veteran's current back disability began during his military service and granted service connection for it.

The Board has granted the Veteran's claims of entitlement to service connection for a bilateral hearing loss disability and tinnitus. Service connection is also granted for back, right ankle, eye, sinus, and COPD disabilities. However, rating in excess of 20 percent for residuals of colon cancer remains remanded.