Back / lumbar spine decisions — 2013

The Veteran's claim for an initial evaluation for mechanical low back strain and degenerative disc disease has been remanded due to the need for additional VA examinations and treatment records.

The Veteran's service-connected disabilities, including degenerative disc and joint disease of the lumbar spine, hypertension, tinnitus, right wrist degenerative joint disease, bilateral plantar fasciitis, bilateral hearing loss, and a right wrist scar, are considered in determining whether he is unemployable due to his service-connected conditions.

The Board has determined that the Veteran's low back disorder, diagnosed as osteoarthritis of the lumbar spine, was incurred during his period of active duty from May to July 2010. The psychiatric disorder claim is remanded for further development.

The Veteran's degenerative arthritis of the lumbar spine is currently rated at 10 percent, and his associated bilateral lower extremity radiculopathy disabilities are also rated at 10 percent each. The Board finds that these ratings adequately reflect the severity of the Veteran's service-connected conditions.

The Board has remanded the case due to the need for additional development, including obtaining outstanding treatment records and affording the Veteran a VA examination.

The Board found that the Veteran's lumbar spine disorder did not have its onset in service or within the initial post-service year, and is otherwise unrelated to his active service.

The Board denied the Veteran's claims of service connection for bilateral carpal tunnel syndrome and a low back disorder, finding that there was no evidence linking these conditions to her active duty service.

The Board denied service connection for right ear hearing loss and lumbar spine disability, finding no evidence of a nexus to service.

The Board has granted service connection for disabilities of the lumbar spine and cervical spine, finding that these conditions are at least as likely as not having had their onset during service.

The Veteran's service-connected degenerative changes of the lumbar spine were found to be productive of a functional loss due to pain that more nearly approximated a disability picture manifested by forward flexion limited to 30 degrees or less, but no unfavorable ankylosis was demonstrated. The criteria for a 40 percent rating were met prior to June 10, 2009.

The Board has granted service connection for osteoarthritis of the left shoulder and lumbar spine, finding that these conditions are at least as likely as not related to military service. The Veteran's current disabilities have been rated as 10 percent disabling.

The Veteran's low back disability was initially granted with a 20 percent rating, effective March 19, 2004. The VA awarded an increased rating to 40 percent for the lumbar spine disability from December 1, 2007.

The Board found that the Veteran's lumbar and cervical spine disorders were not incurred or aggravated by service, and denied both claims.

The Veteran's combined disability rating of 60% due to his service-connected lumbar spine and bilateral lower extremity disabilities does not meet the percentage requirements for TDIU prior to February 17, 2011. The Board finds that the evidence does not support a finding that he is unable to secure or maintain substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case for additional development due to unverified periods of active duty and inactive duty for training, as well as missing service treatment records.

The Veteran's claim for higher ratings for lumbosacral strain, myositis (also claimed as lower back pain), with intervertebral disc syndrome is being remanded due to the need to obtain additional medical records and determine if SSA records are available.

The Board has reopened the claims of service connection for various conditions, but denied them as new and material evidence was not provided to substantiate these claims.

The Board has determined that the Veteran's lumbar spine spondylosis with osteophytes warrants a 40 percent rating for unfavorable ankylosis of the thoracolumbar spine, and mild incomplete paralysis of each lower extremity warrants a 10 percent rating. As these ratings combine to only 50 percent, the Veteran is not entitled to a higher rating.

The Veteran's service-connected disabilities did not prevent her from engaging in gainful employment prior to May 31, 2007.

The Veteran's service-connected disabilities did not render him unable to follow a substantially gainful occupation prior to April 10, 2009. The Board denied the claim for an earlier effective date for TDIU.