Back / lumbar spine decisions — 2019

The Veteran's adjustment disorder, hypertension, congestive heart failure, and chronic renal failure are all granted service connection. The claims for discoid lupus and degenerative joint disease with levoconvex scoliosis of the lumbar spine have been reopened due to new evidence. These issues are remanded.

The rating for the Veteran's service-connected lumbar spine degenerative changes with myofascial pain syndrome was reduced from 20 percent to 10 percent, effective January 23, 2017. The reduction was not proper as it did not consider whether there was an actual improvement in the Veteran’s ability to function under ordinary conditions of life and work.

The Board has remanded several issues related to the Veteran's service connection claims, including right shoulder numbness, left ankle condition, angina (chest pain), inguinal abscess pain, low back strain, fracture of the left ring finger, compression fracture at C5-6, residuals of circumcision and balanitis, and left cervical radiculopathy with degenerative disc disease in the left upper extremity. The remand is due to the need for additional VA treatment records from March 2018 onwards.

The Veteran's rating for DDD of the cervical spine was reduced from 30 percent to 10 percent, effective August 1, 2016. The Board has determined that this reduction was improper and has restored the original 30 percent rating.

The Board has determined that the Veteran's low back and left lower extremity conditions, diagnosed as minimal non-compression disc bulge at L4-L5, lumbar disc degeneration at L4-L5, chronic low back strain, and left lower extremity lumbar radiculopathy with paresthesias, are related to service. The appeal is granted.

The Board has determined that the Veteran's lumbar spine disorder did not begin during active service and is unrelated to any in-service injury or event, thus denying his claim for service connection.

The Veteran's thoracolumbar spine degenerative changes are currently rated at 20 percent, and the Board has determined that a higher rating is not warranted.

The Board denied service connection for various conditions, including back disorder, PTSD, diabetes mellitus, headaches, high cholesterol, heart disorder, lung disorder, and skin disorder. The appeal is denied.

The Veteran's tension headaches are currently evaluated as noncompensable, and the Board denied entitlement to an initial compensable disability rating for service-connected tension headaches. The Veteran was also denied TDIU due to his service-connected disabilities not rendering him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected degenerative disc disease of the lumbar spine with lumbar scoliosis was rated at 20 percent prior to December 11, 2015.

The Veteran's lumbosacral strain with degenerative joint disease is not rated higher than 40 percent, and he was granted TDIU from December 8, 2008 to March 10, 2013.

The Board has reopened the Veteran's claims for service connection for left knee, right knee, low back, and prostate cancer disabilities. The claims are being remanded to obtain additional medical records and determine if there is a link between these conditions and service.

The Board denied service connection for a low back disability, finding that the Veteran's current condition is not related to his military service and is more likely due to aging.

The Veteran's service-connected disabilities have precluded him from securing and maintaining substantially gainful employment for the entire appeal period, warranting a TDIU.

The Veteran's initial disability rating for service-connected lumbar spine strain has been granted at a 40 percent level, effective from the date of decision. The appeal regarding bilateral lower extremity radiculopathy and lumbar stenosis is not addressed as no appeal was perfected.

The Veteran's active duty service was less than 90 days and he did not have a service-connected disability. Therefore, his claim for non-service-connected disability pension benefits is denied.

The Board has determined that the Veteran's low back disorder is not service-connected as it did not manifest within one year of separation from service and there is no evidence of continuity of symptomatology since separation. The medical opinions provided by VA examiners have consistently opined that the current condition is due to natural aging rather than an in-service injury.

The Veteran's service-connected disabilities did not preclude him from obtaining substantially gainful employment, and the Board denied his claim for TDIU.

The Veteran's appeal is remanded due to insufficient evidence for his bilateral foot condition claim. The low back condition rating remains denied.

The Board denied the Veteran's claim for an extension of the temporary total disability rating for convalescence beyond August 31, 2016 due to insufficient evidence showing severe postoperative residuals.