Back / lumbar spine decisions — 2018

The Veteran's claim for a higher rating for his service-connected traumatic degenerative arthritis of the lumbar spine is denied as there is no evidence that it meets or approximates the criteria for an increased disability rating.

The Board found no evidence of a chronic low back disorder in service or within one year after service, and concluded that the currently diagnosed lumbar spine degenerative disc disease is not causally connected to active service.

The VA has determined that the appellant's degenerative disc disease, L4-5 and L5-S1, warrants a rating of 40 percent since it causes significant functional impairment due to pain and weakness.

The Board has remanded the claim due to insufficient examination addressing whether the Veteran's peripheral neuropathy aggravates his back disability. The case is returned for further action.

The Veteran's lumbar fibromyositis, external hemorrhoids, and chronic maxillary sinusitis have been rated appropriately. The issues of service connection for neuropathy of the bilateral upper extremities and for neuropathy and radiculopathy of the bilateral lower extremities remain unresolved.

The Veteran's lumbar spine disability is rated at 20 percent, with separate ratings for neurological impairment of the right and left lower extremities.

The Board has remanded the case for additional development, including obtaining an addendum opinion on the etiology of the Veteran's lumbar spine disability and scheduling a VA medical examination.

The Board has denied the Veteran's claims for service connection for bilateral knee disabilities, left leg fracture residuals, and left lower extremity lumbar radiculopathy. The Veteran is also denied effective date claims related to GERD, PTSD with alcohol use disorder, and SMC at the housebound rate.

The Board has remanded the case for further development, including obtaining verification of ACDUTRA and INACDUTRA service dates during the Veteran's ARNG service and scheduling an examination to determine the nature and etiology of his claimed lumbar spine disability.

The Veteran's cervical spine disability resulted in a combined range of motion not exceeding 170 degrees and no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. The Veteran was granted initial ratings for radiculopathy of the right and left upper extremities.,From June 14, 2016 onwards, the Veteran's cervical spine disability resulted in forward flexion not exceeding 30 degrees and no muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. The Veteran was granted a higher rating for her cervical spine disability.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under VA rating criteria.

The Board has reopened the Veteran's claim and found new and material evidence to support service connection for chronic lumbar spine disability, chronic cervical spine disability, and chronic cardiac disabilities. Service connection was not established for a chronic respiratory disability.

The Veteran's claims for increased ratings for his service-connected lumbar spine disorder and cervical spine disorder have been granted, with a rating of 20 percent assigned effective from April 30, 2014. The right hip and leg radiculopathy claim remains denied.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disorder. The Veteran's piriformis syndrome of the left leg is currently rated at 10 percent under Diagnostic Code 8523, which pertains to the anterior tibial nerve. A rating in excess of 10 percent is not warranted as his symptoms do not meet the criteria for a higher evaluation.

The Board has determined that additional development is needed in the form of obtaining private and VA treatment records, radiation dose information from service departments, and determining whether this claim should be sent to the Undersecretary for Benefits. The Veteran's claims will be readjudicated after these actions are completed.

The Board has determined that the Veteran's hypertension is related to his service-connected diabetes mellitus, and he also has various other disabilities in his back, hands, wrists, elbows, ankles, shoulders, and hips. The Board finds these claims are granted.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination. The TDIU claim is inextricably intertwined with the increased rating claim.

The Board has determined that additional development is necessary before the claims for service connection for bilateral hearing loss and low back disability can be decided. The Veteran's audiometric findings are unclear, and a remand is needed to obtain clarification from Dr. Callahan regarding whether his audiograms were conducted using the Maryland CNC Test. Additionally, a VA examination is required to determine if the Veteran's current low back disability began in service or is otherwise related to a disease or injury in service.

The Board has determined that the Veteran's low back disability is related to service, and his bilateral hearing loss does not warrant a compensable rating.

The Veteran's claims for cerebral vascular accident, back condition, and hypertension were denied as they are not related to service or presumed exposure to herbicide agents.