Back / lumbar spine decisions — 2018

The Board has reopened the Veteran's claim of service connection for a back disability and granted it, finding that new evidence supports the claim.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance of another person or on account of being housebound.

The Board's decision denying service connection for a low back disability is dismissed because the Court has vacated and remanded it.

The case is being remanded for additional development to address the Veteran's claims of increased ratings for right elbow and low back disabilities, as well as entitlement to an earlier effective date for service connection. The Veteran will need a VA examination for his right elbow and low back conditions, and further consideration of whether the August 1986 submission of lay testimony is new and material evidence.

The Veteran's back disability was found to not meet the criteria for a higher rating prior to December 1, 2016. From December 1, 2016, his disability did not warrant an increased rating beyond 20 percent.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 20, 2011. Separate ratings of 10 percent are assigned for his right and left lower extremity radiculopathy since that date. The Veteran's left knee tendinitis, removal of cartilage, and instability each receive a separate 10 percent rating, starting from July 6, 2015.

The Board has determined that the Veteran's current right knee and low back disabilities are not related to his period of active service. The evidence does not support an in-service incurrence or a nexus between these conditions and his military service.

The Board found no evidence of a preexisting low back disorder and denied service connection for the Veteran's low back disorder. The Board also found insufficient evidence to establish secondary service connection for his left knee disorder.

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's right shoulder disorder is not service-connected as it did not manifest during or within one year after service and there is no evidence of continuity of symptoms since service. The Board finds the VA examination opinion to be more probative regarding the etiology of his right shoulder disability.,The Veteran's lumbar spine disorder is not service-connected as there is no evidence of a chronic condition in service, nor within one year after service separation. However, the Board notes that the Veteran has reported symptoms since service and finds the VA examination opinion to be more probative regarding the etiology of his lumbar spine disorder.

The Veteran's lumbar spine DJD is rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other knee and ankle disabilities are not rated higher.

The Board has determined that the Veteran's lumbar spine disability, diagnosed as degenerative joint disease, spondylosis, and degenerative disc disease, is related to service and grants service connection for this condition.

The Veteran's claims for depression and insomnia, headaches, diabetes mellitus, hypertension, and kidney disorder have been denied as new and material evidence has not been received to reopen the claims.,Service connection for radiculopathy of the right lower extremity is also denied.

The Veteran's appeal is being remanded due to the need for additional medical opinions and development of evidence, particularly regarding his sinus disorders, knee disabilities, gastrointestinal disabilities, and TBI.

The Veteran's TDIU claim is being remanded for further development, including scheduling VA examinations to assess the impact of his service-connected disabilities on his employability and reconsidering the claim in light of recent grants of service connection for lumbosacral strain and bilateral lower leg radiculopathy.

The Veteran's thoracic spine disability is rated at 40 percent, which does not meet the criteria for a higher evaluation.,Prior to April 7, 2017, the Veteran's fecal incontinence was rated at 30 percent. From April 7, 2017, it has been rated at 60 percent.,The Veteran's recurrent right ankle sprain is currently rated at 10 percent and his right knee medial collateral ligament strain is rated at 10 percent.,None of the conditions meet the criteria for a higher evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining a new VA examination to assess the severity of his left knee disability and providing an opinion regarding the nature and etiology of his low back condition.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and degenerative joint disease of the lumbar spine, was incurred in service due to a fall during boot camp. The claim is granted.

The Veteran's service-connected lumbosacral strain was rated at 20 percent prior to July 27, 2015 and upgraded to 40 percent from that date.

The Board has remanded the case for additional development, including obtaining SSA records and medical records from Calvert Memorial Hospital. The Veteran's claim is being reopened due to new evidence.