Back / lumbar spine decisions — 2014

The Veteran's claim for basic eligibility to nonservice-connected pension benefits prior to May 24, 2010 is denied. However, the Board grants basic eligibility to nonservice-connected pension benefits from May 24, 2010 based on his service and age requirements.

The Veteran's service-connected disabilities, including herniated disc of the lumbar spine and arthritis affecting multiple joints, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to TDIU based on these conditions.

The Veteran's lumbosacral strain is currently rated at 10 percent, which does not meet the criteria for a higher rating based on functional impairment or additional limitation of motion.,The Veteran's left eye disability is currently rated at 10 percent, with visual acuity of 20/25. The current rating adequately reflects his vision loss and correction by glasses.,The Veteran's PTSD is currently rated at 30 percent, which does not meet the criteria for a higher rating based on occupational and social impairment.

The Veteran's TDIU claim was denied as his service-connected disabilities do not meet the percentage requirements for a schedular TDIU and he is not unemployable by reason of these conditions.

The Veteran's intervertebral disc degeneration of the lumbar spine is currently rated at 40 percent, effective December 1, 2007.

The Board found that the Veteran's current lumbar spine disability, including lumbosacral strain, degenerative disc disease, or herniated disc, was not related to service and denied her claim for service connection.

The Veteran is unable to obtain or retain substantially gainful employment due to his musculoskeletal disabilities and posttraumatic stress disorder (PTSD) with panic disorder, agoraphobia, and dysthymia.

The Veteran withdrew his appeal for the issue of entitlement to service connection for a low back disorder during his hearing before the Board. The remaining issue, concerning erectile dysfunction and its relationship to service-connected schizoaffective disorder, will be addressed further.

The Veteran's claim for service connection for a back disability, characterized as degenerative disc disease and narrowing of the L5-S1 disc, was denied because there is no evidence that his current condition is related to his active duty service.

The Veteran's appeal is being remanded due to his failure to report for a scheduled Travel Board hearing. The case will be returned to the Board after proper notice and scheduling of another hearing.

The Board has remanded the case for additional development to obtain service personnel records, SSA disability benefits records, and other pertinent records. The issues on appeal include service connection for various disabilities.

The Board has remanded the case due to inadequate examination and development of evidence related to service connection for a back disability, including on a secondary basis to service-connected knee disabilities.

The Board has determined that the Veteran's low back disorder is related to an injury sustained during inactive duty training, and thus service connection for this condition is granted. The hearing loss claim will be addressed in a separate remand as VA treatment records are needed.

The Board has determined that the Veteran does not have a current disability of lumbar spine degenerative joint disease or bilateral plantar fasciitis, and thus cannot establish service connection for these conditions.

The Veteran's lumbar spine disability is manifested by painful motion, tenderness, and limitation of forward flexion to at worst 25 degrees. No separately compensable radiculopathy condition in either lower extremity or spinal ankylosis was shown but the disability has manifested in incapacitating episodes necessitating bed rest prescribed by a physician. The criteria for a disability rating in excess of 60 percent have not been met.

The Veteran's low back strain has not resulted in unfavorable ankylosis of the entire thoracolumbar spine and has not been productive of neurological disability, thus preventing a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and supplemental opinions from the examiner who performed his spine and mental disorder examinations.

The Board has remanded the case for additional development, including obtaining service treatment records and potentially relevant SSA documents. A VA examination is also required to determine if any current back or foot disorders are related to active duty for training.

The Veteran's claims for service connection for a bilateral knee disorder, diabetes mellitus, and erectile dysfunction were all denied. The Board found no current disabilities to support these claims.

The Board has remanded the case due to a lack of VA examinations for the Veteran's lung and low back disabilities, which are related to service. The Veteran is seeking service connection for these conditions.