Back / lumbar spine decisions — 2019

The Board has remanded the Veteran's claims of service connection for lumbar spine disability and lumbar radiculopathy due to a lack of VA treatment records from April 2013 and July 2013, which may contain relevant information about the Veteran's symptoms and possible nexus.

The Board has remanded the Veteran's claims for service connection due to uncertainty about the nature and etiology of his disabilities, including hypertension, lumbar spine disability, skin rash, and feet blisters. The VA will obtain updated treatment records and SSA records, and schedule the Veteran for examinations to determine if these conditions are related to his military service.

The Veteran's hepatitis C was aggravated by his service-connected degenerative disc disease of the lumbar spine, resulting in a grant of service connection.,Service connection for diabetes mellitus, type II is denied as there is no evidence linking it to active duty service.,Degenerative disc disease of the cervical spine is not service connected due to lack of evidence showing its onset during service or being caused by a service-connected disability. Service connection was granted based on aggravation by his service-connected lumbar spine disorder.,The cause of death, hepatocellular carcinoma resulting from hepatitis C, is recognized as service-connected.,An increased rating greater than 20 percent for degenerative disc disease of the lumbar spine is granted due to its severity and impact on employment.,TDIU is granted based on the Veteran's inability to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's left total knee replacement is rated at 30 percent, which is the maximum rating available under Diagnostic Code 5055.,The Veteran's degenerative arthritis of the thoracolumbar spine is currently rated at 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes during the appeal period.,Prior to February 9, 2019, the Veteran's degenerative arthritis of the cervical spine was rated at 10 percent. The Board found that a higher rating is not warranted due to limited forward flexion and no evidence of ankylosis.

The Veteran's claims for increased ratings for lower extremity radiculopathy and service connection for a fractured nose were denied. The claim of service connection for a right leg fracture (right lateral collateral ligament sprain) was also denied. The Board found that the Veteran’s DDD of the lumbar spine warranted a 40 percent rating, but not higher. The ratings for his lower extremity radiculopathy remained at noncompensable levels until May 10, 2017, when they were increased to 20 percent. Service connection was denied for residuals of a fractured nose and service connection for the right leg fracture.

The Board has granted service connection for headaches, neck disability, low back disability, right upper extremity radiculopathy, left upper extremity radiculopathy, bilateral hip disability, right lower extremity radiculopathy, and left lower extremity radiculopathy.

The Veteran's initial rating for a back disability was granted at 20 percent from May 29, 2003 to August 29, 2009. The appeal is denied for higher ratings beyond this period.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if his low back and right knee conditions are related to service. The claim for OSA remains pending as there is no current diagnosis in the record. The increased rating and effective date claims for a wrist fracture also need further examination.

The Veteran's claims for increased ratings were denied. The low back disability, diabetes mellitus with macular edema and diabetic retinopathy (right eye), right leg radiculitis, right knee arthritis, residuals of a left index finger fracture, hemorrhoids, and prostate cancer residuals are all rated at 20 percent.

The Veteran's appeals for service connection on multiple conditions have been dismissed. The Board has remanded the issue of entitlement to service connection for erectile dysfunction, which is related to PTSD or hypertension.

The Veteran's claims for bilateral shin splints, lumbar spine disability, and left lower extremity radiculopathy have been denied due to lack of current diagnosis.,The Veteran's claims for effective dates earlier than December 16, 2015, for the grant of service connection for a lumbar spine disability and left lower extremity radiculopathy are also denied as there is no evidence that he filed such claims prior to this date.

The Board has determined that the Veteran was in need of regular aid and attendance due to his service-connected disabilities, including acute myeloid leukemia, spinal stenosis, lumbar radiculopathy, right knee osteoarthritis, and ulcerative colitis. As a result, SMC based on aid and attendance for accrued benefits purposes has been granted.

The Board has restored the Veteran's lumbosacral strain/spasms rating from 40 percent to 10 percent effective December 1, 2014.

The Veteran's low back disability is rated at 40% from February 1, 2017. The Board found that the evidence did not support a higher rating for this period.

The Veteran's claim for service connection for lumbar degenerative disc disease was denied. The rating for migraines in excess of 50% and the rating for depressive disorder and chronic sleep impairment in excess of 70% were also denied.,Service connection for migraines, depressive disorder and chronic sleep impairment, and TDIU were granted.

Service connection granted for low back and neck conditions, but prostate cancer is denied due to lack of evidence linking it to service.,The Veteran's left ankle condition remains unresolved as the record contains inconsistencies regarding which ankle was injured.

The claim for service connection of low back disability has been reopened, but the Board has decided to remand it due to insufficient evidence regarding its etiology.

The Board denied the Veteran's claim for service connection for a lumbar spine disability, finding that there was no evidence of an in-service injury or disease and that the current condition did not have its onset during service. The Board also found that the condition is not otherwise related to service.

The Board denied the Veteran's claim for service connection for a back disability, finding that there is no evidence of an in-service injury or disease and that his current condition does not meet the criteria for service connection.