Back / lumbar spine decisions — 2019

The Veteran's back disability is rated at 40 percent, effective January 10, 2019.,The Veteran's right and left lower extremity radiculopathy are each rated at 20 percent, effective January 10, 2019.

The Board denied service connection for a cervical spine disability, low back disability, and left upper extremity disability (claimed as cervical radiculopathy) due to lack of evidence linking these conditions to service.,The Board also denied an increased rating for diabetes mellitus type II with erectile dysfunction.

The Veteran's lumbar spine disability was initially rated at 20 percent prior to October 27, 2017 and increased to 40 percent thereafter. A separate 10 percent rating for left lower extremity radiculopathy effective October 27, 2017 is granted.,The Veteran's lumbar spine disability does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case due to uncertainty about whether the Appellant's motor vehicle accidents during service are considered ACDUTRA, and for a new VA examination to determine if her current back disability is related to her service.

The Board has granted service connection for chronic myositis of the cervical and lumbar spine muscles, as well as degenerative joint disease of multiple joints including shoulders, elbows, wrists, hips, knees, ankles, and feet. These conditions are considered to be directly related to the Veteran's active service.

The Board denied service connection for a low back disability, bilateral hearing loss, tinnitus, hypertension, proteinuria, BPH, and anemia. The reasons given were that the evidence did not support a finding of in-service injury or disease related to these conditions.,There is no direct evidence linking any of these conditions to military service.

The Veteran withdrew all issues on appeal, resulting in the dismissal of the case.

The Board has remanded the Veteran's appeals for several issues, including service connection claims and increased rating claims. The appeals are being placed in RAMP (Rapid Appeals Modernization Program) due to receipt of a valid Opt-In notice.

The Veteran's low back, right knee, and acquired psychiatric disorders are found to be aggravated by his service-connected left knee disability. The claim for these conditions is therefore granted.

The Veteran's appeal includes multiple issues related to his service-connected conditions, including increased ratings for lumbar and cervical spine disabilities, TBI, and peripheral neuropathy. The Board has determined that additional examinations are needed due to the possibility of worsening symptoms since the last VA examination.

The Veteran's request to reopen the claim of service connection for a back disability is granted.,The Veteran's requests to reopen the claims of service connection for residuals of a bilateral super rectus fader operation, schizophrenia, depression, and anxiety are granted.,Service connection for bipolar disorder is granted.,An earlier effective date of December 5, 2005, but not earlier, for the award of service connection for a left ankle sprain is granted.,An earlier effective date of December 5, 2005, but not earlier, for the award of service connection for a right ankle sprain is granted.,An earlier effective date of February 22, 2012, but not earlier, for the award of an increased rating to 10 percent for status post left wrist trauma with arthroscopy with triangular fibrocartilage complex is granted.,An effective date earlier than August 30, 2012, for the award of an increased rating of 10 percent for the right wrist sprain is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for hypertension is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for status post left foot trauma is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for status post left knee ACL repair and medial meniscectomy with residual degenerative arthritis is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for right knee degenerative joint disease is denied.,An effective date earlier than August 30, 2012, for the grant of service connection for chronic cervical strain is denied.

The Veteran's lumbar spine disability is rated at 20 percent effective April 27, 2017. Prior to this date, the rating was denied.

The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and hypertension, including as due to Agent Orange exposure. Additional evidence is needed from the Veteran and efforts should be made to obtain private medical records. An addendum VA opinion is required regarding the etiology of the Veteran's hypertension.

The Veteran's claim for an evaluation in excess of 10 percent for patellofemoral pain syndrome of the right knee post arthropathy has been denied.,The Veteran's claim for service connection for lumbosacral strain with degenerative disc disease is being remanded.

Service connection is denied for bilateral pes planus, lumbar strain, scoliosis, bilateral ankle disorder (shin splints), fibromyalgia, and bilateral hearing loss. Service connection is granted for tinnitus.,The Veteran's pes planus was noted at the time of entrance into service but did not permanently worsen in active service.

The Board has remanded the cases due to a need for a complete record, including SSA disability records.

The Veteran's PTSD with persistent depressive disorder is currently rated as 100% disabling, effective July 17, 2017. The Board denied an earlier effective date prior to this date.,Service connection for a right shoulder disability was not granted due to lack of evidence showing the presence of such a condition during service or at any time thereafter.,The Veteran's degenerative arthritis of the lumbar spine is found to be related to service, and service connection is granted.

The Veteran's appeals seeking higher ratings for his lumbar spine, cervical spine, left shoulder, and bilateral hearing loss disabilities, as well as entitlement to a total disability rating based on individual unemployability (TDIU), have been dismissed due to the Veteran's withdrawal of these appeals.

The Board has remanded the claims of service connection for a low back disorder and PTSD due to insufficient medical opinions and need for additional development.

The Board has remanded the case for further development, including scheduling a VA examination to assess the current severity of the Veteran's myofascial back disability and right knee disorder. The examiner is required to provide an estimate of functional loss due to flare-ups or repeated use over a period of time.