Back / lumbar spine decisions — 2013

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine was denied. The Board found that, even with considerations of additional limitations due to pain and orthopedic factors, the Veteran did not experience forward flexion of the thoracolumbar spine 30 degrees or less, or ankylosis of the entire thoracolumbar spine, or incapacitating episodes lasting at least four weeks during any 12-month period. There is no separate neurological disability due to the lumbar spine degenerative disc disease.

The Veteran's appeal for a higher initial rating for his spondylolisthesis of the lumbar spine has been dismissed as he withdrew his appeal due to financial hardship and need to expedite processing of his TDIU award.

The Board has determined that the Veteran's claimed cervical spine, lumbar spine, bilateral shoulder, left hip, and left ankle disabilities are not related to service. The evidence does not show any in-service injury or disease resulting in these conditions.

The Veteran has withdrawn his appeal regarding the reopening of a claim for service connection for a lumbar spine disorder. As a result, the Board dismisses the appeal.

The Veteran's tinnitus is service-connected as it was present during active duty and has continued since separation.,The Veteran sustained a back injury in service, but the symptoms were not chronic at that time. However, he experienced continuous symptoms since separation.

The Veteran's appeal has been withdrawn due to his request to continue only on the issue of service connection for a left knee disability. The Board finds new and material evidence has been received to reopen this claim, but the issues of low back, hip/buttock, and ankle disabilities are dismissed as they were not part of the original appeal.

The Veteran's service-connected disabilities prevent him from caring for most of his daily personal needs and protecting himself from hazards without the assistance of others, meeting the criteria for special monthly compensation based on need for regular aid and attendance.

The Board has remanded the case due to a hearing request not being scheduled. The Veteran is required to attend a hearing before a Veterans Law Judge at the RO.

The Board found that a chronic back disability was not incurred or aggravated as a result of active service and denied the Veteran's claim for service connection.

The Board has reopened the Veteran's previously denied claim for service connection for a low back disability and found that new and material evidence has been received. The claim is now considered on its merits.

The Veteran's claim for an initial evaluation in excess of 20 percent for degenerative disc disease (DDD) of the lumbar spine was denied as his disability did not meet or approximate the criteria for a higher rating under the applicable diagnostic code.

The Veteran's appeal is remanded due to inadequate examination reports, and he needs a new VA orthopedic examination by a different examiner.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain a substantially gainful occupation as of January 3, 2007. Effective date of January 3, 2007 is granted for the establishment of TDIU benefits and Chapter 35 benefits.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling a VA examination to assess the current level of impairment due to his service-connected low back disorder.

The Board found that the Veteran's thoracolumbar spine myofascial syndrome did not meet or approximate the criteria for a rating in excess of 10 percent, as her range of motion was sufficient to warrant no more than a 10 percent evaluation.

The Board denied service connection for a low back disability, a neck (cervical spine) disability, and right ear hearing loss. The Veteran's skin disorder was not related to service, but herpes simplex was found to be related to active service.

The Veteran's service-connected disabilities, including left lower extremity hemiparesis, cervical spine degenerative changes, and other orthopedic conditions, prevent him from securing or following a substantially gainful occupation due to their combined effects. The Board grants the TDIU rating.

The Board has remanded the Veteran's claim for a new VA examination to address whether his lumbar spine disability is aggravated by his service-connected knee disabilities.

The Veteran's service-connected disabilities do not meet the percentage rating standards for TDIU, but his combined rating is insufficient to warrant a total disability rating based on individual unemployability. The Board finds that he is capable of performing the physical and mental acts required by employment.

The Veteran withdrew his appeal for service connection for right foot pes planus with Achilles tendonitis and lumbosacral degenerative changes, to include as secondary to service-connected left foot and ankle disabilities.