Back / lumbar spine Board decisions

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher evaluations under applicable diagnostic codes.

The Board found that the reduction in the rating for a lumbar spine disability from 40 percent to 20 percent, effective August 1, 2015, was proper. The Veteran's condition improved such that he could achieve forward flexion of the thoracolumbar spine to 45 degrees.

The Board denied the Veteran's claims of service connection for a back disability and left shoulder disability, finding no new and material evidence to reopen these claims. The claim for right shoulder disability was also denied as there is no current diagnosis or evidence linking it to service.

The Veteran's claims for service connection for hives, bladder infections, PID, bilateral carpal tunnel syndrome of the hands, myopia (eye disability), vaginal yeast infections, toenail fungus, and a back condition have all been denied. The Veteran has not provided new evidence that would reopen any of these claims.,The Veteran's claim for service connection for bronchitis and asthma was also denied.

The Veteran's service-connected lumbar spine disability, including left leg radiculopathy, is currently rated at 40 percent disabling. The increased rating and separate rating for the neurological manifestation are granted.

The Board has reopened the issue of whether the Veteran's character of discharge from his period of service is a bar to VA benefits, but the issues of service connection for various conditions remain pending.

The Board denied the Veteran's claims for service connection for GERD, right shoulder disability, low back disability, and knee disabilities. The Board found that there was no evidence of a chronic right shoulder or low back disability in service or within one year after service separation. The current diagnoses were not related to service.

The Board has remanded the Veteran's claims for service connection due to deficiencies in a previous VA opinion. The Veteran is seeking service connection for partial paralysis of the right leg and herniated disc disease of the lumbar spine, both claimed as secondary to her service-connected post-degenerative and herniated disc disease at T7-8 with lumbosacral strain.

The Veteran's lumbosacral strain with compression deformity of the body of L1, and degenerative changes including narrowing at L5-S1 has been rated as 20 percent disabling. The Board found that his condition warranted a higher evaluation to 40 percent due to functional loss approximating favorable ankylosis of the entire thoracolumbar spine.

The Veteran's appeal has been withdrawn due to the appellant requesting a withdrawal of the appeal.

The Veteran's claim for an earlier effective date for service connection for bipolar disorder was denied as the earliest possible effective date is January 21, 2005.,The Veteran's claim for a higher initial disability evaluation for degenerative osteoarthritis of the lumbar spine with disc protrusion and extrusion at L4-L5 and L5-S1 levels prior to April 22, 2015, and in excess of 20 percent thereafter was denied as there is no evidence that the Veteran's disability worsened between January 21, 2005 and April 22, 2015.

The Board has granted service connection for an acquired psychiatric disorder, to include depressive disorder. The claims of service connection for a low back disability, joint pain, hepatitis C, and tinea pedis are remanded.

The Veteran's PTSD is rated at 70 percent, and he has been granted a TDIU since August 15, 2011. He also qualifies for SMC at the housebound rate due to his service-connected disabilities.,Effective from August 15, 2011, the Veteran's other service-connected conditions (PTSD, amputations, radiculopathies, spinal stenosis, and hand residuals) combine to meet or exceed a combined rating of 70 percent.

The Veteran's service connection claims for an angioplasty with stent placement of the left distal extracranial internal carotid artery, low back pain and arthritis, and patellar spur of the right knee were denied as her conditions are not shown to be causally or etiologically related to service.

The Veteran's lumbar spine disability is currently rated at 20 percent, the maximum schedular rating available. The evidence does not support a higher rating based on additional functional loss or incapacitating episodes of intervertebral disc syndrome.

The Board has remanded the case for further actions including obtaining medical records and providing a VA examination to determine if the Veteran's degenerative arthritis of the thoracolumbar spine is related to his military service.

The Board found that the Veteran's low back disability is not related to his service, including as secondary to his service-connected prostate cancer.

The Board has granted a 20 percent rating for the Veteran's cervical spine disability since December 11, 2007. The effective date of this decision is June 6, 2012. The earlier effective date for the right knee extension rating remains unchanged.

The Veteran's tinnitus, lumbar spine disability, and cervical spine disability are all found to be related to service. The Board grants these claims.

The Board has determined that the Veteran's current lumbar spine DDD and degenerative changes are related to his in-service low back injury, resolving reasonable doubt in favor of the Veteran.