Back / lumbar spine decisions — 2014

The Board found that the Veteran's current lumbar spine disability is not related to service, including his in-service low back strain injury. The VA examiner opined that the current condition is less likely caused by or related to the August 1970 in-service injury.

The Veteran's PTSD was rated at 10% prior to January 3, 2008 and increased to 30% from January 3, 2008 to October 23, 2009. From October 23, 2009 onward, the Veteran's PTSD was rated at 70%. The lumbar spine disability has been rated at 20%.,The Veteran's PTSD is currently rated at 70%, which represents total occupational and social impairment.

The Board has remanded the case for further development, including obtaining private treatment records and arranging for an examination to determine if a low back disability was incurred or aggravated during qualifying periods of service.

The Board found that the Veteran's bilateral leg disability and back disability were not incurred or aggravated by active service, nor are they related to her service-connected pes planus.

The Veteran was granted a 20 percent rating for his lumbar spine disability as of August 17, 2007.,A higher 30 percent rating was granted for his cervical spine disability effective October 25, 2011.

The Veteran's lumbar spine DDD is rated at 40 percent from January 25, 2006 to July 9, 2012. A higher rating is not warranted for any other time period.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's low back disability is aggravated by his service-connected knee and hip disabilities.

The Veteran's service-connected gastrointestinal and low back disabilities do not render him unemployable for VA purposes, as he is capable of performing sedentary work despite his symptoms.

The Veteran's service-connected lumbar spine disability and right lower extremity radiculopathy do not render him unable to obtain or maintain substantially gainful employment.

The Board has granted an earlier effective date of July 30, 1970 for the award of service connection for post discectomy and fusion of the lumbar spine. The issues of TDIU and DEA eligibility are remanded due to a lack of evidence regarding informal claims filed prior to June 20, 1997.

The VA determined that the monthly amount withheld of $801.00 for recoupment of $22,166.40 was proper due to the Veteran's service-connected back disability.

The Board denied the Veteran's claims of service connection for defective vision and bilateral hearing loss, as well as his claims for left shoulder disorder, right shoulder disorder, lumbar spine disorder, left knee disorder, left arm disorder, and right arm disorder. The evidence received was not sufficient to reopen any of these previously denied claims.

The Board has remanded the claim for a low back disorder secondary to a left fifth hammer toe deformity due to insufficient development of medical opinions regarding the relationship between the Veteran's service and his current condition.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and TDIU due to service-connected disability. The evidence did not support a finding that his current condition was related to military service, and the VA examiner opined that it was more likely caused by post-service occupational stress.

The Veteran's service-connected lumbar spine disability does not meet the criteria for a TDIU as his combined rating is 40 percent, which is less than the required percentage of 60% or more when considering all disabilities. The VA examiner found that the Veteran can engage in sedentary employment.

The Board found that the Veteran does not have a current diagnosis of depression and denied his claim for service connection for depression. The issue of an increased rating for lumbosacral strain with scoliosis and degenerative joint disease is remanded.

The Board denied the Veteran's claims for service connection for a back disability, hypertension, macular degeneration, stroke, and peripheral neuropathy of the right and left lower extremities. The claim for service connection for a back disability was reopened due to new evidence received since the last final denial in 1991. However, the Board found that the Veteran's current diagnosed conditions are not related to his military service.

The Veteran's claims for higher initial disability ratings for lumbosacral strain with osteoarthritis, service connection for high cholesterol, and service connection for a right knee disability were denied. The RO found that the evidence did not meet the criteria for increased ratings under applicable diagnostic codes.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and duodenal ulcers was denied. The current rating of 20 percent for the back disability is considered adequate, as it reflects the severity of the condition based on range of motion testing.

The Veteran is seeking service connection for current spine disabilities and a right leg neurologic disability, which he claims are related to an injury sustained during INACDUTRA in April 1977. The case has been remanded due to the need for additional medical examination and opinion.