Back / lumbar spine decisions — 2019

The Veteran's degenerative disc disease of L5-S1 with osteoarthritis of the thoracic spine is currently rated at 20 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The reduction of the rating for lumbosacral strain with degenerative changes from 20 to 10 percent, effective May 9, 2016, was not proper; the 20 percent rating is restored. The increased rating in excess of 20 percent for a low back disability is remanded.

The Board has determined that additional examinations are needed to determine the etiology of the Veteran's lower back, right knee, skin condition on the left foot, and headache conditions. The case is being remanded for these purposes.

The Board has granted service connection for a thoracolumbar spine disability, finding that the Veteran's current condition is at least as likely as not related to his in-service motor vehicle accident.

The Board has denied the Veteran's increased rating claim for his right knee disability and remanded the issues of service connection for a lower back condition secondary to his right knee disability, and an increased rating for his left shoulder disability.

The Veteran's back disorder, diagnosed as lumbar spondylosis and lumbar sacral spondylosis with arthritis of the thoracolumbar spine, is found to be related to service. Service connection for this condition is granted.

The Veteran's right knee disability is rated at 10% for arthritis and a separate 10% rating for the residuals of meniscectomy. The lumbosacral strain with degenerative disease was granted a 20% rating prior to June 12, 2017, but denied any higher rating after that date.,The Veteran's TDIU claim for the period before January 28, 2011 is also remanded.

The Board has granted service connection for metatarsalgia of the right foot but denied service connection for low back disability and left foot stress fracture. The Veteran's right foot metatarsalgia is related to his active duty service, while there is no evidence linking his low back or left foot disabilities to service.

The Veteran's initial evaluation for PTSD with sleep problems is denied, and service connection is granted for a back disability and tinnitus. The issue of service connection for a left shoulder disability is remanded.

The Board has determined that the Veteran does not have a current left foot disability and finds no evidence of aggravation beyond its natural progression. The low back issue is remanded as there are new imaging results indicating a current lumbar spine disability.

The Board has granted service connection for osteopenia and rheumatoid arthritis of the left hand, right hand with osteoarthritis of the thumb, and lumbosacral strain. The decision is subject to the provisions governing the award of monetary benefits.

The Veteran's TBI claim is granted, and he is awarded a 20% rating for his low back disability. Separate ratings of 10% are assigned for radiculopathy in both lower extremities.

The Veteran's claim for service connection for a low back disability has been reopened, but the issue remains remanded due to insufficient evidence.,Service connection was denied for hypertension as there is no evidence of sustained hypertension during or within one year after service. The Veteran's current condition is not related to his active duty service.,The Veteran's chronic prostatitis claim was granted based on a history of unresolved infections during service and continued treatment post-service.,Service connection for hearing loss was denied as the Veteran does not meet the criteria for a compensable rating.

The Veteran's appeals seeking service connection for various conditions have been denied. The claims of service connection for a back condition, cervical spine condition, tinnitus, and depression are all denied.

Service connection for headaches and low back disability has been granted.,Other claims, including those for bilateral hearing loss, acquired psychiatric disorders (including PTSD), allergies, hypertension, heart disease, stroke, right knee disability, left knee disability, and right hip disability, have been denied.

The Veteran's disability rating for degenerative disc and joint disease of lumbar spine with strain was reduced from 40 percent to 10 percent, effective November 1, 2014. The reduction is upheld as the evidence shows actual improvement in his condition.

The Board has denied service connection for right hand condition, bilateral hearing loss, and tinnitus. The claims for low back condition and obstructive sleep apnea are remanded.

The Board denied the Veteran's claim for service connection for a thoracolumbar spine disability, finding that it is not secondary to her service-connected right shoulder and there is no evidence of an in-service injury or disease.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU. The case is remanded for further development regarding his esophageal adenocarcinoma rating and housebound status.

The Board has determined that the claims for a back condition and bilateral knee conditions need to be remanded due to incomplete records and inadequate examination reports. The Veteran's claim for higher ratings for his knees also needs to be remanded.