Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's appeal for service connection for depression is withdrawn. The claim for a compensable rating for hypertension is granted, with an initial evaluation of 10%. Service connection for alcoholism and right shoulder disability is denied.

The Board has remanded the case for further development, including obtaining VA and private treatment records and scheduling a VA examination to address the nature and etiology of the Veteran's claimed back and neck disabilities.

The Veteran's appeal has been dismissed due to her withdrawal of the appeal.

The Veteran's back disability is rated at 10% since October 1, 2011.,The Veteran's left ankle and right ankle disabilities are each rated at noncompensable (0%) from October 1, 2011 to June 6, 2014, and in excess of 10% thereafter. The RO has assigned staged ratings for these conditions.,The Veteran's left knee disability is rated at 10% since October 1, 2011, with a separate 10% rating granted for instability as of October 30, 2013.,The Veteran's right knee disability is rated at 10% since October 1, 2011, with a separate 10% rating granted for instability as of October 30, 2013.

The Veteran's service-connected disabilities prevented him from obtaining and retaining substantially gainful employment as of January 12, 1988.

The Board has denied the Veteran's claims for service connection for a low back disorder and for an increased rating for major depressive disorder. The Veteran's current symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Veteran's son, J.K., is recognized as a helpless child due to permanent incapacity for self-support before his 18th birthday. The Veteran's neck disorder and right shoulder and elbow disorders are not service connected.

The Veteran's PTSD is rated at 70 percent, effective December 8, 2011.,The Veteran's radiculopathy of the left lower extremity associated with traumatic arthritis, thoracolumbar spine is rated at 20 percent, effective December 8, 2011.,The Veteran's radiculopathy of the right lower extremity associated with traumatic arthritis, thoracolumbar spine is rated at 10 percent, effective December 8, 2011.,The Veteran's traumatic arthritis of the thoracolumbar spine is rated at 20 percent, effective December 8, 2011.

The Board has remanded the claims due to outstanding VA treatment records and will consider additional evidence.

The Veteran's lumbar spine condition did not meet the criteria for a higher evaluation before and after November 20, 2015. The radiculopathy of the left lower extremity was evaluated as 20 percent disabling from April 26, 2005 to July 23, 2012; moderate incomplete paralysis since July 24, 2012 to November 19, 2015; and severe incomplete paralysis since November 20, 2015.,The Veteran's TDIU claim is pending as there was no evidence of a separate compensable evaluation for radiculopathy prior to July 12, 2012.

The Board has reopened the Veteran's claims for service connection for a back condition, headaches (head injury), and an acquired psychiatric disorder. The evidence now shows that these conditions are related to his in-service motor vehicle accident.

The Veteran's left knee disability is rated at 20 percent since August 31, 2017. A separate 10 percent rating for left knee instability is granted effective from January 26, 2018. The Board finds no evidence of service connection for sleep apnea.

The Board has determined that the Veteran's lumbar spine and left knee conditions are related to his active service, warranting a grant of service connection for both.

The Board has determined that the Veteran's current lumbar spine, cervical spine, and bilateral upper extremity peripheral neuropathy disabilities are at least as likely as not related to his military service. The issues of entitlement to service connection for right elbow disability, left elbow disability, and hearing loss have been remanded due to ambiguity in the evidence.

The Board denied the Veteran's claims of increased rating for peptic ulcer disease, service connection for an acquired psychiatric condition, low back condition, and chronic vision condition. The evidence did not support a higher rating for peptic ulcer disease or establish service connection for any of these conditions.

The Veteran's hypertension claim was dismissed as the appeal was withdrawn.,Service connection for pseudofolliculitis barbae and low back disability has been granted.

The Veteran's claims for increased ratings and initial disability ratings are being remanded due to the need for additional examinations, particularly regarding range of motion testing.

The Veteran's appeals for service connection of GERD/acid reflux, low back strain, and insomnia have been dismissed due to the Veteran's withdrawal of these claims. The appeal for a lung condition remains pending.

The Veteran's appeal is remanded for a VA examination to determine the etiology of his back conditions, including scoliosis. The examiner will assess whether any acquired back condition was caused by service or if the scoliosis is subject to superimposed injury in service resulting in current diagnosed back disabilities such as lumbar strain and degenerative joint disease.

The Board has granted service connection for a back disability, finding that the Veteran's current condition is at least as likely as not related to his active military service.