Back / lumbar spine decisions — 2013

The Board has determined that the Veteran's current back disability, diagnosed as lumbar spine strain with grade 1 spondylolisthesis with spondylolysis at L5, is related to service and grants service connection for this condition.

The Veteran's appeals for increased evaluations and service connection have been withdrawn. The issue of entitlement to a total disability rating based on individual unemployability has been granted.

The Veteran's service-connected disabilities do not meet the threshold criteria for TDIU under 38 C.F.R. § 4.16(a), but his unemployability due to these conditions warrants further consideration and a VA examination.

The Board has remanded the case for further development and readjudication due to new evidence submitted by the Veteran's attorney.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran's low back, right knee, and left knee disorders are not related to his military service.

The Veteran's appeal for an increased evaluation of his lumbar strain with degenerative disc disease of the thoracolumbar spine was dismissed as he indicated satisfaction with the current disability rating. The Board also denied service connection for a shoulder disability, including as secondary to service-connected disabilities.

The Board denied the Veteran's claims for increased ratings and earlier effective dates, finding no evidence of ankylosis or unfavorable spinal conditions. The claim for TDIU was not addressed as it is not before the Board.

The Veteran's low back disability is rated at 40 percent, the maximum schedular rating available. The appeal for a higher rating was denied. For bilateral pinguecula, an initial compensable rating was not granted.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and is not related to a service-connected condition. The claim for secondary service connection due to PTSD was also denied.

The Veteran's tinnitus was found to have originated in service, and the Board granted service connection for this condition. The low back disability issue is pending as it has been remanded.

The Board has determined that the appellant's service-connected lower back disability and its residuals render him unable to secure or follow a substantially gainful occupation, meeting the criteria for a TDIU rating.

The Veteran's appeal is being remanded for further action, including scheduling an electronic hearing before a Veterans Law Judge.

The Veteran's claims for higher rating of chronic lumbosacral strain and service connection for bilateral hip and leg conditions were denied. The claim for TDIU was granted.

The Board has determined that the Veteran's lumbar spine disability is related to his service-connected peripheral neuropathy, and thus grants service connection for this condition. The cervical spine disability is found to be aggravated by a service-connected condition (peripheral neuropathy), but not caused or aggravated by service or service-connected conditions.

The Board found that the Veteran's service-connected low back disability does not meet or approximate the criteria for a rating in excess of 40 percent, as there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine or intervertebral disc syndrome with incapacitating episodes lasting at least six weeks during a twelve month period.

The Board has determined that additional development is needed to determine the nature and etiology of any left shoulder disorder, right shoulder disorder, lumbosacral spine disorder, left ankle disorder, right ankle disorder, and right knee disorder. The case will be remanded for these purposes.

The Veteran's claim for an earlier effective date for service connection of spondylolisthesis, L-5, with associated low back pain is denied as the earliest possible effective date is October 30, 2003.

The Board has decided to remand the claims for further development due to insufficient evidence regarding the etiology of the Veteran's low back disorder and respiratory impairment. The claims will be reviewed again after additional information is obtained.