Back / lumbar spine decisions — 2018

The Board has determined that the Veteran is not entitled to an earlier effective date for the award of service connection for duodenal ulcer. The claims for right knee, left knee, and lumbar spine disabilities have been denied as new and material evidence was not received.

The Veteran's claim for an increased rating for his service-connected low back disability has been denied as the evidence does not show that the condition more nearly approximates unfavorable ankylosis of the thoracolumbar spine or incapacitating episodes of at least six weeks during a 12-month period.

The Board found no evidence of a low back disorder during active service and denied the claim for service connection. The Board also noted that there was insufficient evidence to support the Veteran's assertions regarding acquired psychiatric disorders, radiculopathy, and peripheral neuropathy as being related to service.

The Board has determined that the Veteran's low back disability and arthritis of knees and ankles are secondary to his service-connected right ankle disability. However, there is no evidence of left ankle arthritis during or within one year after separation from service.

The Board has denied the Veteran's claims for service connection for a back disorder and entitlement to a total disability evaluation based on individual unemployability due to service-connected disorders. The preponderance of evidence is against both claims.

The Veteran's claims for service connection for an acquired psychiatric disorder, to include anxiety and depressive disorders, not otherwise specified, and PTSD; increased ratings for degenerative disc disease of the lumbar spine, boutonniere deformity of the right little finger, degenerative arthritis of the right ankle, degenerative arthritis of the left ankle, and residuals of a right wrist injury have been denied. The Veteran's claims are currently under appellate status.

The Veteran's low back disability was rated at 10% prior to September 7, 2012 and increased to 20% effective September 7, 2012. The Board found that the evidence did not support a higher rating for any period.

The Veteran's claims for an increased rating for intervertebral disc syndrome with degenerative arthritis and service connection for an upper back condition are being remanded for additional development.

The Veteran's service-connected left degenerative sacroiliitis and lumbar myositis warrant a rating of 40 percent, but not higher. The Board also granted the Veteran's claim for service connection for bilateral patellofemoral dysfunction as secondary to his service-connected back disability.

The Board has remanded the case for further development due to inadequate VA examinations and inextricably intertwined TDIU claim. The Veteran's lumbar spine disc disease is rated at 40 percent, but he seeks a higher rating.

The Veteran's claims for service connection for low back and bilateral hip disabilities are being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The Board has remanded the case due to an inadequate medical opinion in the previous decision, and a new VA medical opinion is required to determine if the Veteran's low back disability is related to his military service.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including those related to lumbar degenerative disc disease and a right hip disorder.

The Veteran's left knee disability is aggravated by his service-connected right ankle and right knee disabilities. The Board finds that the evidence of record supports this finding, resolving all reasonable doubt in favor of the Veteran.,The Veteran's low back arthritis is also found to be aggravated by his service-connected right ankle and right knee disabilities. The Board finds that the evidence of record supports this finding, resolving all reasonable doubt in favor of the Veteran.

The case is being remanded for additional development, including obtaining verification of the Veteran's periods of active duty and scheduling examinations to determine the nature and etiology of his back condition, acquired psychiatric disorder, sleep apnea, and bilateral lower extremity radiculopathy.

The Veteran's thoracolumbar spine disability has been rated at 10 percent prior to October 30, 2015, and at 20 percent thereafter. The Board finds that a higher rating is not warranted as the evidence does not show forward flexion of the thoracolumbar spine limited to 30 degrees or less.

The Board has ordered a new VA examination to assess the current severity of the Veteran's service-connected lumbar spine disability, including any functional loss due to repetitive use over time and during flare-ups. The case is remanded for this purpose.

The Board found that the Veteran's cervical spine, lumbar spine, and vestibular dysfunction disabilities were not incurred or aggravated by military service. The evidence did not support a finding of direct service connection for these conditions.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's lumbar spine disorder is not service-connected, and his claim for an initial evaluation in excess of 10 percent for his left foot condition remains denied.