Back / lumbar spine decisions — 2018

The Veteran's bilateral pes planus and lumbar spine DJD with mild levoscoliosis and strain are not service-connected. The Board finds that the Veteran did not meet the burden of establishing an increase in disability beyond its natural progression during service, thus denying his claims for these conditions.

The Veteran's service-connected lumbosacral strain is manifested by flare-ups resulting in limited forward flexion of the lumbosacral spine to approximately 30 degrees, which warrants a 40 percent disability rating. The appeal is granted for this rating.

The Board has determined that the Veteran's appeal for various service connection claims, including those related to his throat disorder and diabetes mellitus, have been withdrawn. The claim for a throat disorder was not reopened due to lack of new and material evidence. Service connection for diabetes mellitus, heart disability, and neuropathy of the upper and lower extremities were also denied.

The Veteran's service-connected loss of use of both feet and lumbar spine disability with intervertebral disc syndrome result in total (100%) permanent disabilities that preclude locomotion without the aid of a wheelchair, meeting the criteria for specially adapted housing.

The Board found no evidence to support service connection for a back disability or cervical radiculopathy (claimed as peripheral neuropathy of the hands) due to injury in service. The Veteran's current conditions are not shown to be related to his military service.

The Board has ordered a remand to obtain updated medical records and schedule the Veteran for an examination. The appeal will be returned to the AOJ for further review.

The Board found that the earliest date for an effective date of a 40% rating for the Veteran's service-connected low back disability was September 30, 2014. The claimant argued that his symptoms were as severe in 2008 as they were when he received a 40% rating in April 2013, but medical evidence showed that his functional loss worsened after September 30, 2014.

The Veteran is currently rated at 20 percent for his degenerative arthritis of the lumbar spine, effective March 2, 2017. He is also rated separately at 20 percent each for radiculopathy in both lower extremities since that date.,Prior to March 2, 2017, the Veteran's panic disorder was rated as 50 percent disabling.

The Board has remanded the case for additional development due to lack of proper notification of scheduled VA examinations.

The Veteran's claim for service connection for a lower back disability was denied. The Board found that the evidence did not support a finding of chronicity or continuity of symptoms since service, and thus could not grant service connection.

The Board has granted service connection for a low back disability, including degenerative changes and recurrent mechanical back pain syndrome, based on the Veteran's credible reports of an in-service lumbar spine injury and lower back symptomatology since service separation.

The Board has granted the Veteran's claims for service connection for fibromyalgia, low back disability as secondary to service-connected disabilities, and arthritis of the right thumb/hand as secondary to service-connected disabilities.

The Veteran's sleep apnea, right knee arthritis, and lumbar disc bulging and arthritis of the lumbar spine are all found to have onset during service. The Veteran is granted a rating of at least 10 percent for his left heel fasciitis.

The Board found that the Veteran does not have a current diagnosis of headaches and that there is no evidence linking his headaches to service or any service-connected disabilities. The claims for back, bilateral ankle, and bilateral knee conditions are also denied as secondary to service-connected disabilities.

The Veteran's appeals for service connection for traumatic brain injury and bilateral eye irritation and blurred vision have been withdrawn. The appeal for an initial rating in excess of 20 percent for low back strain status post hemilaminectomy, the appeal for an initial rating in excess of 10 percent for degenerative joint disease, cervical spine (cervical spine disability), and the appeal for an initial rating in excess of 10 percent for right knee osteoarthropathy have been dismissed.

The Veteran's appeal is being remanded for additional development to determine the etiology of his claimed conditions, including PTSD and prostate disorder.

The Veteran's claim for an increased rating for his thoracolumbar spine disability is denied as the evidence does not show that he meets or nearly meets the criteria for a higher evaluation.

The Veteran's appeal has been withdrawn prior to a Board decision, and the case is dismissed.

The Veteran's claim for reopening his low back disability was granted, and he is now entitled to service connection for the condition as secondary to a service-connected left knee disability.

The Board has denied the Veteran's claims for increased ratings for his right and left knee disabilities, as well as service connection for a lumbar spine disability. The issues of entitlement to an increased rating for his right ankle disability are being remanded.