Back / lumbar spine decisions — 2018

The Board has remanded the case for additional development, including providing the Veteran with an examination to assess whether his lumbar spine disability is causally related to or aggravated by his service-connected knee disabilities.

The Veteran's right foot disability is rated at 30 percent, effective from the date of his October 2015 surgery. Service connection for a lumbar spine disorder with intervertebral disc syndrome has been granted.

The Veteran's lumbar spine disability is rated at 40 percent effective May 31, 2012. He also receives a separate 10 percent rating for radiculopathy of the left lower extremity.

The Veteran's lumbar spine arthritis and IVDS, status post discectomy prior to September 9, 2011, are rated at 20 percent. After September 9, 2011, the rating is increased to 40 percent.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected lumbar sprain and right knee patellar tendonitis, as well as a determination on whether he has sleep apnea that may be related to service.

The Board has determined that the Veteran's low back disability with neuropathy is not related to his military service and is not secondary to a service-connected condition. The preponderance of evidence does not support the claim.

The Veteran's claims for cancer of the larynx and a higher rating for DDD of the lumbar spine were not granted. The claim for TDIU was remanded, and separate ratings for left lower extremity radiculopathy are warranted.

The Board denied the Veteran's claims for service connection for a lower back disability and right hip disability, finding that there was no evidence of a current disability related to active service. The claim for residuals of chest trauma was reopened but denied on the merits.

The Board has determined that the Veteran does not have a back disability etiologically related to service or proximately caused by her service-connected fibromyalgia, and therefore denied her claim for service connection.

The Veteran's claim for an increased rating for thoracolumbar strain prior to July 23, 2010 was denied. The claim for a higher rating on or after that date was granted at 40%. Service connection for cold injury residuals was denied.

The Board found no evidence of a chronic disability for the back or CTS since service, and thus denied both claims.

The Veteran's appeal for a higher rating for his right knee disability and service connection for a low back disability, to include as secondary to the right knee disability, is denied. The claim for TDIU remains pending.

The Veteran's claim for an initial compensable rating for allergic rhinitis and a higher rating for thoracic spine degenerative disc disease was denied. The Board found that the allergic rhinitis did not meet the criteria for a compensable rating under Diagnostic Code 6522.

The Veteran's lumbar spine disorder and left leg neuropathy are found to be related to his in-service back problems, with reasonable doubt resolved in favor of the Veteran.

The Board has determined that the Veteran's lumbar spine and cervical spine disabilities did not manifest during or as a result of active military service, and thus denied his claims for service connection.

The Board has determined that the Veteran's bilateral knee osteoarthritis is service-connected, but his lumbar spine DJD cannot be linked to his period of active duty.

The Veteran's service-connected disabilities did not prevent him from maintaining substantial gainful sedentary employment prior to April 26, 2013. The preponderance of the evidence is against a finding that his service-connected conditions rendered him unable to secure or follow any form of substantially gainful occupation.

The Veteran's appeal of the issues regarding a higher rating for his lumbar spine disability and an extension of a temporary total evaluation has been withdrawn.

The Veteran's service-connected disabilities, including PTSD, right tibia and fibula fracture residuals with arthritis of the right ankle, and spondylosis of the lumbar spine, have rendered him unemployable for work consistent with his education and experience.

The Veteran's PTSD was granted an initial rating of 50 percent, effective November 2, 2016. Service connection for a bilateral knee disorder, thoracolumbar spine disorder, and bilateral foot disorder were denied.