Back / lumbar spine decisions — 2018

The Board denied the Veteran's claims for service connection for a left knee disorder as secondary to his service-connected right knee disabilities and denied entitlement to a higher rating for his lumbar spine strain with degenerative disc disease and spondylosis.

The Board has determined that new and material evidence has been submitted to reopen claims for service connection for cholelithiasis, splenectomy residuals, liver disorder, low back disorder, and disorders of both knees. However, the Board has not reached a final decision on whether these claims should be granted.

The Veteran's degenerative arthritis of the lumbar spine is related to service and the Board has granted service connection for this condition.

The Board has remanded the case for additional development, including obtaining new evidence and scheduling VA examinations to address the Veteran's claims of service connection for various conditions.

The Board has remanded the case for further development and consideration of whether a TDIU is warranted on an extra-schedular basis, as well as adjudication of the SMC claim. The Veteran's service-connected PTSD and back disability are significant factors in his inability to secure or follow substantially gainful employment.

The Veteran's initial increased evaluation for low back strain, rated as 10 percent prior to November 20, 2012 and as 20 percent since then, has been granted. The effective date is not specified.

The Veteran's appeal was denied for a rating in excess of 10 percent for his lumbar spine disability prior to February 3, 2014.

The Board found that the Veteran's death was not caused by or materially contributed to by his service-connected disabilities, and denied both the claim for service connection for the cause of the Veteran's death and the claim for death pension benefits due to insufficient income.

The Board denied the Veteran's claims for service connection for peripheral neuropathy of the feet and a low back disability, finding that his conditions were not incurred or aggravated by service. The TDIU claim was also denied as there is no evidence showing that the Veteran's disabilities prevent him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings and TDIU were denied, as well as his claim for compensation under 38 U.S.C. § 1151 for trigger finger of the left hand.

The Board denied the Veteran's claims for service connection for bilateral knee disorder and TDIU due to his service-connected low back disability. The evidence did not support a finding of direct service connection for the bilateral knee disorder, as there was no in-service injury or disease related to this condition. The examiner opined that the Veteran's bilateral knee disorder is not caused by or aggravated by his service-connected low back disability. The Board also found that the Veteran does not meet the criteria for TDIU based on his combined rating of 50%.

The Board has remanded the case for further examination to determine the etiology of the claimed neck disability and whether it is proximately due or permanently aggravated by service-connected low back and knee disabilities.

The Veteran's appeals for a higher rating for service-connected hypertension and TDIU are denied. The claims for higher ratings for service-connected lumbar spine disability and right lower extremity radiculopathy are remanded.

The Board has determined that the Veteran's right shoulder, left shoulder, cerebrovascular accident (stroke), myocardial infarction (cardiac arrest), lumbar spine injury, and degenerative joint disease of cervical and thoracic spine are not related to service or any incident thereof. The Veteran's service-connected PTSD with depression and alcoholism is considered as the primary cause for these conditions.

The Board has determined that the Veteran does not have a current diagnosis of a left hip disability and his low back disability is not service-connected. The Board finds that there is no evidence to support the Veteran's claim for service connection for either condition.

The Veteran's appeal is being remanded for additional development to determine the current severity of his right knee and femur disabilities, as well as service connection for a back disability. Additional medical records are needed from VA facilities in West Los Angeles and Long Beach.

The Veteran's claim for a TDIU prior to August 31, 2017 is being remanded due to the need to submit the case to VA's Director of Compensation for extra-schedular consideration under 38 C.F.R. § 4.16(b).

The Veteran's back disability and bilateral lower extremity radiculopathy were evaluated, but the criteria for higher ratings under the applicable diagnostic codes have not been met.

The Board found that the Veteran's current bilateral knee, cervical spine, and lumbar spine disabilities did not have onset during service or are otherwise related to service. The right knee disability is considered a form of arthritis and thus is covered by presumptive service connection provisions for chronic diseases.

The Veteran's disability rating for degenerative disc disease of the lumbar spine was denied as his combined range of motion did not meet the criteria for a higher rating, and he did not have ankylosis. The Veteran had decreased forward flexion at his August 2016 VA examination.