Back / lumbar spine decisions — 2014

The Veteran's service-connected degenerative disc disease with arthritis of the lumbar spine is currently rated at 20 percent, and there is no evidence to support a higher rating.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU and her combined rating was at least 70 percent, rendering her unemployable prior to January 6, 2006.

The Veteran's service-connected arthritis of the lumbar spine is currently rated at 10 percent, and the evidence does not support a higher rating based on current functional impairment.

The Veteran's request for training and supplies to manufacture fishing poles for therapeutic purposes is denied as the services are not necessary or vital for achieving his independent living goal.

The Veteran's service-connected low back disorder, to include DDD, has manifested as no more than painful limitation of motion of the lumbar spine resulting in forward flexion of 70 degrees, without favorable or unfavorable ankylosis of the thoracolumbar spine, and with no incapacitating episodes. The criteria for a disability rating in excess of 20 percent have not been met.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine is being remanded due to inadequate examination and incomplete medical records.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for lower back disability. The Board also found that the Veteran's pre-existing low back disorder was aggravated by active duty, warranting service connection.

The Veteran withdrew his appeal for service connection for lumbar spondylosis (claimed as low back pain) and a disability manifested by joint pain, so the case is dismissed.

The Veteran's claims for increased ratings for his service-connected lumbar spine, left knee, and right knee disabilities were denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's L5-S1 bulging disc and degenerative joint disease are related to an in-service injury, and the Board grants service connection for these conditions.

The Veteran's service-connected pes planus with bunions and degenerative joint disease did not cause or aggravate any of his claimed foot, ankle, knee, or lumbar spine disorders. The Board finds that the evidence does not support a grant of service connection for these conditions.

The Board has determined that the Veteran's low back disorder and head trauma are due to his own willful misconduct, resulting in a denial of service connection for these conditions.

The Veteran's cervical spine disability, bipolar disorder, and low back degenerative joint disease have been granted service connection. The rating for bipolar disorder has been increased to 50 percent. Service connection for the low back condition is denied as there are no separate compensable neurological disabilities or ankylosis of the lumbar spine.

The Veteran's service-connected status-post excision of a pilonidal abscess with residual scar is rated at 10 percent, effective as of the date of the decision. The low back disability claim was denied.

The Board has reopened the claims of service connection for PTSD, a right knee disability, and a low back disability. The Veteran's PTSD is found to be related to his reported in-service stressor involving fear of hostile military activity during Operation Allied Force.

The Board has determined that a remand is necessary to obtain clarification of the Veteran's service connection claim and to address the issue of whether his low back disability preexisted military service.

The Veteran's claim for a higher rating for his service-connected degenerative disc and joint disease of the lumbar spine was denied as there is no evidence of favorable or unfavorable ankylosis, limited range of motion, or incapacitating episodes. The current 20% evaluation adequately reflects the severity of the disability.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, but his combined disability rating is 60%. The case is REMANDED to determine if referral of the claim for an extraschedular TDIU rating under 38 C.F.R. § 4.16(b) is warranted.

The Board finds that the preponderance of evidence is against the award of service connection for a hearing loss disorder and a back disorder. The Veteran's current conditions are not related to his active duty service.

The Veteran's degenerative arthritis of the lumbar spine is related to his in-service injury, and service connection for this condition is granted.