Back / lumbar spine decisions — 2014

The Veteran's initial evaluation for degenerative joint disease of the lumbar spine remains at 10 percent, as his symptoms do not meet or approximate the criteria for a higher rating.

The Veteran's low back disorder is found to be related to his military service, specifically the parachute jumps he made during active duty. Service connection for this condition is granted.

The Veteran withdrew his appeal for service connection of a low back disability, and the Board dismissed the case as a result.

The Veteran's appeal is being remanded for a new hearing before the Board of Veterans' Appeals.

The Veteran's low back strain has been rated at 10 percent since August 16, 2007. The current rating is the maximum available under the General Rating Formula for Diseases and Injuries of the Spine.

The Board found that the Veteran's back disorder is not related to service, and his left foot disorder does not have a current diagnosis. Therefore, both claims for service connection were denied.

The Board denied the Veteran's claims for increased ratings for his lumbar spine disorder, peripheral neuropathy of the lower extremities (to include as secondary to a lumbar spine disorder), and bilateral hearing loss. The Veteran was awarded a 30 percent evaluation for bilateral hearing loss since October 6, 2011.

The Board found no evidence to support a service connection claim for the low back disorder, concluding that it is not related to service or a service-connected disability.

The Board has granted service connection for a right hip disorder and a low back disorder, both found to be secondary to the Veteran's service-connected post-operative right knee disorder.

The Veteran's lumbar spine disability is rated at 20 percent since January 28, 2013. His hypertension claim was denied as not related to service or secondary to PTSD.

The Veteran requested to withdraw the appeal, thus the case is dismissed.

The Veteran's service-connected disabilities, including migraines, bronchial asthma, lumbosacral strain, left arm radiculopathy associated with cervical strain, right shoulder acromioclavicular degenerative joint disease, residuals of a right wrist injury with fibrositis, left ankle injury, tinnitus, sinusitis, left knee injury, and cervical strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the Veteran's claim for TDIU.

The Veteran's TDIU rating was granted effective January 14, 2009. The Board found that a TDIU rating on an extraschedular basis should have been granted as early as November 19, 2006.

The Board found that the Veteran's bilateral shoulder and low back disorders were not incurred in or aggravated by service, as there was no evidence of such conditions during his military service. The claims are therefore denied.

The Veteran's claim for service connection for polysubstance abuse as secondary to his service-connected thoracic scoliosis and/or cervical spine degenerative disc disease was denied. The reduction of the ratings for bilateral lower extremity disabilities from 20 percent to 10 percent effective September 1, 2014 is upheld.

The Veteran's lumbar spine disability is currently rated at 10 percent, effective September 23, 2013. The rating reflects the severity of his symptoms since that date.

The Veteran does not have a current back disorder that manifested in service or within one year thereafter, and the evidence does not support a finding of service connection for his claimed condition.

The Board has granted the Veteran's claim of entitlement to service connection for a low back disorder, finding that it is at least as likely as not related to his military service.

The Board found that the Veteran's degenerative disc disease of the lumbar spine did not meet the criteria for a higher initial disability rating, maintaining the assigned 40 percent rating since September 1, 2007.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that a TDIU is warranted.