Back / lumbar spine decisions — 2013

The Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation, warranting a total disability rating for compensation purposes based on individual unemployability.

The Veteran's claim for an increased rating for his left shoulder disability was denied. The Board found that the current evaluation of 20 percent adequately reflects the severity and symptoms of his service-connected osteoarthritis of the acromioclavicular joint with rotator cuff tear.

The Board found that the Veteran's low back disorder was not incurred in service and denied his claim.

The Board has granted service connection for degenerative disc disease of the lumbar spine with stenosis and disc protrusion, but denied an increased rating beyond the assigned 20 percent. The Veteran's low back disability is currently rated as 20 percent disabling.

The Veteran's appeal has been withdrawn, and all issues on appeal have been dismissed.

The Board denied the Veteran's claim for service connection for a back disorder, finding that there was no evidence of a chronic disability present in service or within one year following discharge. The most probative medical evidence did not establish a link between his current back disorder and his active service.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not service-connected as they did not manifest during his military service or within one year of separation.

The Veteran's thoracolumbar strain with degenerative joint and disc disease is rated at 40 percent since March 1, 2013. The right knee retropatellar pain syndrome with degenerative joint disease is rated at 30 percent for limitation of extension since March 1, 2013.

The Veteran's initial claim for a higher rating for degenerative disk disease of the low back was denied prior to July 14, 2012.,A separate 10 percent evaluation has been granted for radiculopathy of the left lower extremity secondary to service-connected degenerative disk disease of the low back.

The Board has denied the Veteran's claims for service connection for a low back disorder, left eye refractive error, and postoperative residuals of a cutaneous horn on the left eyebrow. The evidence does not establish that these conditions are related to military service.

The Board has determined that the Veteran's lumbar spine disorder, right ankle disorder, and left ankle disorder are related to his service-connected post-operative residuals of a left knee injury. The claims for these conditions have been granted.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case as there are no longer any issues to be decided.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine was denied as there is no evidence that his flexion was limited to less than 30 degrees or that he had unfavorable ankylosis. The current disability picture does not warrant a rating in excess of 40 percent.

The Board has determined that the Veteran's lumbar spine disability warrants a 20 percent evaluation, effective from March 1, 2008. A separate rating for right lower extremity radiculopathy is warranted prior to July 30, 2013.

The Board found that the Veteran's degenerative disc disease of the cervical spine and torticollis are not related to his military service, thus denying service connection for both conditions.

The Board has remanded the claims for pension, TDIU and increased rating due to outstanding VA treatment records and SSA records. The Veteran's physical files or Virtual VA electronic claims file should be updated with these records.

The Veteran was not found to be unemployable due to service-connected disabilities prior to October 2, 2008. From October 2, 2008 to September 11, 2013, the evidence showed that he was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's claims for service connection for various conditions, including right knee and left knee disabilities, chest pain, back disability, night sweats, a psychiatric condition (claimed as sleeping problems), cervical spine disability, right shoulder disability, jaw pain, and hearing loss were denied. The Board found no evidence of current disabilities or associations with service.

The Veteran's claim for increased ratings for degenerative disc disease of the thoracic spine was denied. The Board found that prior to February 23, 2011, the disability did not meet the criteria for a rating in excess of 20 percent and from February 23, 2011, it did not meet the criteria for a rating in excess of 40 percent.

The Veteran's low back disorder was rated at 20 percent from March 9, 2007 to July 29, 2009. From July 30, 2009 onwards, the disability is not manifested by forward flexion of the thoracolumbar spine less than 30 degrees or ankylosis.