Back / lumbar spine decisions — 2018

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's low back disorder and whether it is related to his military service. The appeal will be remanded for this purpose.

The Board has denied the Veteran's claims for service connection for neck, low back, and left hip disabilities as secondary to his service-connected right knee disability due to lack of evidence supporting a direct or secondary relationship between these conditions and his service.

The Veteran withdrew his appeal for service connection of a back disability.

The Veteran's lumbosacral spine strain with degenerative changes and L5-S1 disc protrusion is rated at 20 percent since July 14, 2017.

The Veteran's lumbosacral strain with herniated discs at L4-5 and L5-S1 resulted in moderate limitation of motion, which was granted a 40 percent disability rating effective February 23, 2015.

The Veteran's appeal has been dismissed as he withdrew his claims for service connection for various conditions, including frontal sinus osteoma, head trauma, headaches, chronic sinusitis/rhinitis, GERD, and others. The claim of tinea pedis was also withdrawn.

The Veteran's herniated disc disability has been manifested by incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of less than four weeks during a 12 month period and forward flexion of the thoracolumbar spine greater than 30 degrees; the Veteran does not have favorable ankylosis. The criteria for an evaluation in excess of 20 percent for herniated disc (L5-S1) have not been met.

The Veteran's low back pain syndrome and bilateral knee degenerative arthritis were evaluated, with the Board finding that the evidence did not support a higher rating than the current 20% for the low back condition and 10% for each knee condition prior to specified dates.,No new or material evidence was presented to reopen any previously denied claims.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling VA examinations to determine the nature and etiology of the Veteran's seizure disorder and low back disability.

The Board has determined that the Veteran's lumbar degenerative disc disease, cervical strain, and residuals of labral tear of the right shoulder do not warrant higher initial ratings as their symptoms have not met or approximated criteria for a higher rating under any applicable diagnostic code.

The Veteran's claim for a TDIU is being remanded to determine if an earlier effective date can be granted on an extraschedular basis. The appeal also includes a request for reconsideration of the August 1990 rating decision regarding service connection for headaches and cervical spine injury.

The Board has determined that the Veteran's claimed back disability and left hand deformity are not service connected as they are not related to his military service, including his service-connected costochondritis. The claim for nonservice-connected pension benefits was withdrawn by the Veteran.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of the decision. The psychiatric disability was rated at 30 percent prior to June 20, 2015 and 50 percent as of that date. TDIU has been granted.

The Board has determined that the Veteran does not have a current diagnosis of fibromyalgia, diabetes mellitus type II, or cervical spine degenerative disc disease with spondylosis. The claims for these conditions are therefore denied.

The Board has determined that service connection is not warranted for right upper, left lower, or right lower extremity neurological disabilities.,Service connection is granted for erectile dysfunction secondary to a service-connected back disability. The Veteran's IBS and bilateral gout of the feet are each rated at their highest possible compensable levels.

The Board has granted service connection for the Veteran's lumbar spine disability, finding that it is at least as likely as not incurred in or caused by his active duty service.

The Veteran's hepatitis C has been undetectable on laboratory testing and he does not have current symptoms. He is therefore not entitled to a rating in excess of the currently assigned 10 percent for this condition.,Throughout the appeal period, the Veteran's sinusitis has not resulted in incapacitating episodes or more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting. Therefore, he is not entitled to a rating in excess of 10 percent for this condition.,The Veteran's degenerative disc disease of the lumbosacral spine has resulted in flexion limited to 90 degrees with a combined range of motion of 180 degrees and no objective evidence of muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. He is therefore not entitled to a rating in excess of the currently assigned 10 percent for this condition.

The Veteran's claim for increased evaluations for his service-connected degenerative disc disease of the lumbar spine was denied. The Board found that prior to October 22, 2010, he did not meet the criteria for a compensable evaluation; from October 22, 2010, to November 18, 2016, he did not meet the criteria for an evaluation in excess of 20 percent; and since November 18, 2016, he did not meet the criteria for an evaluation in excess of 40 percent.

The Board has determined that the Veteran's current neck and low back disabilities were not incurred in or aggravated by service, nor are they related to any service-connected conditions.,The Veteran was previously granted a TDIU prior to July 19, 2017, due to his service-connected PTSD. However, as of this decision, the Veteran's combined rating is now at 80% and includes other service-connected disabilities (PTSD, bilateral hearing loss, tinnitus, hypertension), which may allow for a TDIU based on these conditions.

The Board has determined that the Veteran's claimed bilateral wrist, knee, and low back disabilities are not service-connected as they are not shown to be related to his military service.