Back / lumbar spine decisions — 2018

The Veteran's left shoulder tendonitis is currently rated at 10 percent, and the evidence does not support a higher rating.,The Veteran's low back strain was rated as 20 percent prior to May 15, 2017, and 10 percent from that date. The evidence does not support a higher rating.

The Veteran's claim for service connection for PTSD was denied as there is no current diagnosis of PTSD attributable to the verified in-service stressor.,Service connection for an acquired psychiatric disorder, including unspecified schizophrenia and mood disorder, was also denied.

The Board has granted a rating of 70 percent for major depressive disorder, effective from the date of the decision. The Veteran's service-connected MDD is manifested by symptoms including depressed mood, anxiety, chronic sleep impairment, mild memory loss, disturbances of motivation and mood, and difficulty in establishing and maintaining effective relationships.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 60 percent, effective September 2, 2014. The scars are rated as 10 percent disabling.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied as his audiometric test results did not meet the criteria for a compensable evaluation.,Service connection for a low back disability was granted, with the Board finding that there is at least equipoise evidence to support the opinion that the current condition is related to service.

The Veteran's claims for bilateral hearing loss, low back disorder, and knee disabilities were denied. The Board found no evidence of in-service aggravation or a service-connected condition that caused the current disabilities.

The Board has granted service connection for a low back disability, including low back strain, intervertebral disc syndrome, and mechanical back pain. Secondary service connection is also granted for radiculopathy and nerve impairment of the bilateral lower extremities affecting the legs, hips, and buttocks as related to the service-connected low back disability.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the combined effects of his service-connected disabilities on his employability.

The Board has determined that additional development is necessary before the claims can be fully adjudicated, including obtaining a VA examination to address the etiology of the Veteran's lumbar spine and bilateral leg radiculopathy.

The Veteran's lumbar spine disability, which is manifested by degenerative disc disease and right lower extremity sciatic nerve involvement, has been granted a 40 percent rating effective February 6, 2017. The current rating adequately reflects the severity of his service-connected condition.

The Veteran's back disability is rated at 40 percent since March 31, 2005. The Board found that the service-connected back disability more nearly approximates painful limitation of motion with flare-ups resulting in forward flexion of 30 degrees or less during flare-ups.

The Veteran's left knee disability is rated at 10 percent, effective March 12, 2010. The Board found that the evidence was in relative equipoise as to whether symptoms of left knee instability more nearly approximated slight lateral instability from March 12, 2010 to May 23, 2017, and granted a separate initial rating of 10 percent for this period. From May 23, 2017, the Veteran's left knee instability was found to more nearly approximate slight lateral instability. The Board also found that reasonable doubt should be resolved in favor of the Veteran regarding his TDIU claim on a schedular basis.

The Veteran's claims for service connection were reopened and granted effective May 30, 2013. The Board also determined that the Veteran is entitled to an effective date of May 30, 2013 for his low back disability, right knee osteoarthritis, left knee osteoarthritis, painful healed scar of the right forearm, and nonpainful healed scar of the right forearm.

The case is being remanded for further development, including obtaining VA treatment records and providing the Veteran with a new VA examination to assess his service-connected back disability. The TDIU claim will also be adjudicated.

The Veteran's back disability is not manifested by forward flexion to 30 degrees or less, and he does not have ankylosis of the thoracolumbar spine. The criteria for a rating in excess of 20 percent for a back disability have not been met.

The Veteran's cervical spine disability is not rated higher than 20 percent. The ratings for his bilateral ankle sprains with osteoarthritis have been withdrawn by the Veteran.

The Veteran's right femur disability has been granted a non-compensable rating, effective from February 19, 2010. Service connection for the back disability was denied.

The Veteran's lumbar spine disability and associated radiculopathy have been rated at the maximum available benefit, with a 20 percent rating for each issue since June 29, 2017.

The Board found no evidence of a current back disability related to service and denied the Veteran's claim for service connection.

The Veteran's lumbar spine disability was found to not warrant a rating in excess of 20 percent, and his claim for service connection for sleep apnea was denied.