Back / lumbar spine decisions — 2014

The Veteran's service-connected lumbar spine strain has been rated at 20 percent since January 28, 2010. The rating is granted as the disability does not meet criteria for a higher evaluation based on forward flexion limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.

The Board found that the Veteran's current lumbar spine disability did not have onset during service and is not related to a fall in service. The VA examiner concluded that the DDD was not incurred or aggravated by service.

The Board has granted service connection for a cervical spine disability and an acquired psychiatric disorder, specifically anxiety disorder NOS. The Veteran's current diagnoses are supported by competent medical evidence, with the exception of his previous diagnoses which were ruled out in the May 2013 VHA opinion.

The Board found that the Veteran's low back disorder, including spondylolysis and spondylolisthesis at L5-S1, was incurred in service. The examiner determined that any additional disability is not superimposed over a congenital condition.

The Veteran's claim for an increased evaluation of his low back disability was granted, with a rating of 20 percent effective March 13, 2013. The right knee claims remain on appeal.

The Veteran's thoracic muscle strain with fibrositis of the right scapular area and degenerative arthritis of the lumbar spine was rated at 10 percent prior to August 5, 2013. Since then, it has been rated as 40 percent.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues of service connection and rating for his disabilities are not addressed as this is a procedural issue.

The Veteran's lumbosacral spine disability is rated at a 60 percent evaluation for the period on and after October 21, 2004.

The Board found that the Veteran's current degenerative disc disease of the lumbar spine status post fusion is not related to his active duty service and denied his claim for service connection.

The Board has determined that the Veteran's back disorder did not occur or increase in severity during his military service and is therefore not service-connected.

The Veteran's claim for a higher rating for his lower back disability was denied as he did not meet the criteria for an increased rating beyond 40 percent due to lack of unfavorable ankylosis.

The Veteran's claim for service connection for a low back disability was reopened and granted. The right shoulder disability was granted with an effective date of January 30, 2007 based on CUE in the prior decisions. An increased rating for the left shoulder disability remains at 20 percent.

The Veteran withdrew his appeal regarding the issue of whether new and material evidence has been received to reopen a previously denied claim for service connection for a low back disability.

The Veteran's claim for an increased rating for a lumbosacral strain is being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the reduction in the evaluation for DDD of the lumbar spine from 20% to 10% was improper due to equipoise evidence. The claim for service connection for arthritis of the cervical spine and schizophrenia is reopened, but the claim for a neck disability remains pending.

The Board has remanded the case for a Travel Board hearing due to the Veteran's request, and will not make a decision on the merits until after this hearing.

The Veteran's claim for service connection for bilateral hearing loss, an acquired psychiatric disorder (including PTSD and depression), a leg disorder, and a back disorder has been granted. The Board found that the Veteran's current bilateral hearing loss is related to his military service.

The Board found that the Veteran's current low back disability is not related to his in-service lumbar strain and denied his claim for service connection.

The Veteran's chronic lumbar strain is manifested by subjective complaints of increased pain on physical activity, standing, sitting, along with numbness and decreased range of motion. The VA determined that the disability does not warrant an evaluation in excess of 20 percent.

The Veteran's service-connected disabilities are sufficient to meet the criteria for a TDIU rating, as his combined disability rating is at least 90 percent and he has been found unable to secure or follow any form of substantially gainful employment due to his service-connected conditions.