Back / lumbar spine decisions — 2018

The Board has determined that a rating of 20 percent is warranted for the Veteran's service-connected mechanical low back pain, as it most closely approximates the criteria for such a rating based on functional loss due to pain and weakness.

The Board denied the Veteran's claims for service connection for diabetes mellitus, type 2, a low back condition (claimed as sore back), and infections of the skin of the feet, to include athlete's foot and onychomycosis. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has remanded the case for further development and readjudication due to new evidence submitted by the Veteran.

The Board denied the Veteran's claims for increased rating for his lumbar spine disability prior to May 8, 2015 and service connection for bilateral knee disability. The claim for increased rating was granted as 20 percent disabling from May 8, 2015.

The Veteran's appeals for service connection for various conditions have been dismissed due to withdrawal of the claims by the Veteran.,New and material evidence has been received to reopen a claim for an acquired psychiatric disorder, but the claim remains denied.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's cervical spine, lumbar spine, and sinusitis/rhinitis disabilities are related to service. The claims for these conditions have been granted.

The Board has determined that the Veteran's cervical spine and thoracolumbar spine conditions are related to service, while his migraine headaches as a result of electrical shock are also related to service. However, the Veteran's degenerative changes of the thoracolumbar spine were not caused by or aggravated by active duty service.

The Veteran withdrew his appeal for the claim of entitlement to an initial disability rating greater than 10 percent for service-connected right L5-S1 hemilaminectomy, microdiscectomy residuals, moderate degenerative changes of the lumbar spine, prior to November 27, 2012, and greater than 20 percent thereafter.

The Board found that the Veteran's current back disability was not incurred in service and is not related to any event in service. The claim for service connection for a back disability is denied.

The Board found that the Veteran's pre-existing back disability did not worsen during service and thus denied his claim for service connection.

The Veteran's current cervical and lumbar spine degenerative disc disease is at least as likely as not the result of injuries in service.,It is at least as likely as not that the Veteran has irritable bowel syndrome that was incurred in or first manifested during active service.

The Veteran's low back disability, DJD of the right knee, and residuals of dislocation of patella of the right knee are all rated at their maximum allowable levels. The Veteran is granted restoration of a 20 percent rating for his low back disability and TDIU.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of increased ratings for her degenerative disc disease of the thoracolumbar spine and radiculopathy of the right lower extremity are on appeal.

The Board has remanded the case for additional development, including obtaining SSA records and arranging for an orthopedist examination to determine the likely etiology of the Veteran's low back disability.

The Veteran's lumbar spine degenerative joint disease and lumbar discectomy are currently rated at 10 percent, which is the minimum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The right knee subluxation associated with degenerative joint disease, right patella, left knee subluxation associated with degenerative joint disease of the left knee status post medial patellofemoral ligament reconstruction, and both knee conditions are currently rated at 10 percent each.

The Veteran's service-connected disabilities have resulted in a combined evaluation of 70 percent, qualifying him for TDIU as of October 28, 2016. The claim for home adaptation grant or specially adapted housing is granted.

The Veteran's PTSD symptoms have more nearly approximated occupational and social impairment with reduced reliability and productivity, warranting a 50% disability rating.

The Veteran's claims for increased ratings have been denied as the evidence does not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's tinnitus is found to be related to his period of service, including based on recurrent symptoms first noted in service. The Veteran also meets the criteria for a rating of 60 percent for residuals of right and left knee replacements.,The Veteran experiences chronic residuals of bilateral knee replacements consisting of severe painful motion or weakness.

The Veteran's claim for an increased rating for PTSD with major depressive disorder, unspecified anxiety disorder, and alcohol abuse claimed as psychosis prior to April 25, 2017 was denied. The effective date for the grant of service connection for PTSD is October 11, 2011.