Back / lumbar spine decisions — 2018

The Veteran's lumbar spine DDD/DJD with IVDS was previously rated at 60 percent, but the RO reduced it to 10 percent effective March 13, 2012. The RO has now restored the 60 percent rating based on improvement in range of motion and lack of incapacitating episodes of IVDS over time.

The Veteran's claim for increased ratings and service connection is denied. The Board has found that a rating in excess of 10 percent for gout, left great toe and degenerative joint disease with gouty changes prior to March 24, 2016, and from March 24, 2016, but no higher, is warranted. Service connection for lumbar spine condition and sleep apnea are remanded due to conflicting medical opinions.

The Board denied service connection for left knee, right knee, and lower back disabilities due to lack of evidence showing the conditions were incurred or aggravated by service.

The Board denied the requests to reopen claims of service connection for TBI, low back disability, acquired psychiatric disability (PTSD, depression, anxiety, anger management), and glaucoma. The evidence submitted did not raise a reasonable possibility of substantiating these claims.

The Board found that the Veteran's back condition was aggravated by his service-connected right knee and left leg amputation, thus granting service connection for a back condition.

The Board denied the Veteran's claims for service connection for a left ankle condition and an increased rating for his low back disorder. The effective dates for granting service connection for tinnitus, an acquired psychiatric disorder, and a headache condition were also denied.,The Board found that there was no medical evidence to support the Veteran’s claim of a left ankle condition being incurred in service.

The Veteran's low back disability is currently rated at 20 percent, and the Board has decided to remand the case for a new examination to determine if a higher rating is warranted.

The Veteran's lumbar spine disability was granted a rating of 20 percent prior to December 20, 2017. After that date, the disability is rated at 40 percent.

The Board denied the Veteran's claim for a TDIU prior to June 11, 2009, finding that his unemployability was due to psychiatric disability rather than service-connected disabilities.

The Board has determined that the Veteran's current low back disability is related to his in-service injury, and service connection for this condition is granted.

The Board has determined that additional examinations and opinions are needed to properly assess the Veteran's claims for service connection, increased rating, and TDIU due to conflicting medical evidence and allegations of worsening symptoms.

The Board has granted the Veteran's claim for service connection for degenerative arthritis and intervertebral disc syndrome of the thoracolumbar spine. The appeal regarding a right elbow disability is remanded due to inadequate medical examination.

The Veteran's claims for service connection for degenerative disc disease and congenital scoliosis, left arm weakness as secondary to these conditions, and left leg numbness are all denied. The Board found that the preponderance of evidence does not support a finding that any of these conditions were incurred or aggravated by active military service.

The Veteran's service-connected conditions render him in need of regular aid and attendance, which is granted.

The Veteran's claim of service connection for a lumbosacral spine disability is denied. The Board found no evidence linking the current condition to active service and concluded that his symptoms are not related to any incident during service. For the left shoulder, a 30% rating effective March 8, 2013, was granted.

The Board has remanded two issues: rating for degenerative disc disease of the cervical spine on and after May 6, 2011; and rating for torn anterior cruciate ligament of the right knee with instability. The Veteran must be provided new examinations to determine the current severity of his service-connected disabilities.

The Board denied an earlier effective date for the grant of service connection for low back disability, finding that the award was based on a reopened claim and thus the earliest possible effective date is January 31, 2016.

The Board has remanded the case due to insufficient examination findings and a need for further development.

The Veteran's spouse was added to his VA disability compensation effective December 18, 2013. The claim for an earlier effective date is denied.

The Veteran's claim for an initial compensable rating for bilateral sensorineural hearing loss is denied.,The Veteran's claims for service connection for a thoracolumbar disorder and obstructive sleep apnea are remanded due to the need for additional examinations.,The Veteran's claim for service connection for residuals of right lobectomy for lung cancer, secondary to asbestos exposure, is remanded.,The Veteran's claim for service connection for irritable bowel syndrome, secondary to GERD, is remanded.,The Veteran's claim for service connection for allergies, due to asbestos exposure, is remand.,The Veteran's claim for service connection for a thoracolumbar disorder and obstructive sleep apnea are remanded.