Back / lumbar spine decisions — 2014

The Board found that the Veteran's service-connected low back disorder, which is rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, does not meet or approximate criteria for a higher rating due to lack of ankylosis, associated neurologic impairment warranting separate compensable ratings, or incapacitating episodes having a total duration of at least 6 weeks during any 12-month period.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine and associated radiculopathy are aggravated by his service-connected left hip replacement and right total knee replacement, thus granting service connection for these conditions.

The Veteran's claim for an extension of the delimiting date beyond June 16, 2009 for educational assistance benefits under Chapter 30 (Montgomery GI Bill) was denied as there is no clear evidence that his physical or mental disabilities prevented him from initiating or completing his chosen program of education during his eligibility period.

The Veteran's degenerative disc disease L5-S1 was granted a 40 percent rating from May 17, 2011. He also received separate ratings for left S1 radiculopathy.

The Board has determined that the Veteran's chronic cervical spine disability, including degenerative disc disease and degenerative joint disease, was not incurred or aggravated during his active military service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's claim for an increased rating in excess of 10 percent for a service-connected low back disability was denied. The Board found that the evidence did not more nearly approximate the severity required for a 20 percent rating, even when considering additional functional loss due to pain and other factors.

The Veteran's service connection claims for degenerative disc disease with herniated nucleus pulposus at L5-6 status post laminectomy, bilateral hearing loss, erectile dysfunction, IBS, and dysfunctional bladder to include incontinence were denied as the conditions did not develop during or as a result of his military service.

The Board denied the Veteran's claims for service connection for a low back disorder and an increased evaluation for irritable bowel syndrome. The Board found that his current conditions are not related to service, and he was assigned a 10% rating for his irritable bowel syndrome.

The Veteran's lumbar strain has not been found to warrant a higher rating as his symptoms do not meet the criteria for any of the higher ratings under the applicable VA Rating Schedule.

The Board denied service connection for lumbosacral and cervical spine disabilities, as well as right hand and arm disability. The Veteran's claims were based on direct evidence of a relationship between his in-service injuries and current conditions.

The Veteran's low back strain is rated at 10 percent, and the claim for increased rating was denied. The claims for service connection of tuberculosis, shin splints, and bilateral foot disability were not reopened due to lack of new and material evidence.

The Board is remanding the case to the AOJ for further development, including obtaining SSA medical records and providing a supplemental medical opinion regarding the Veteran's current diagnosis of pneumonitis.

The Veteran's appeal is being remanded for additional medical clarification regarding her service-connected lumbosacral strain and its relationship to her degenerative disc disease. The case will be returned to the Board after further development.

The Veteran's service-connected post-TKR left knee disability is rated at 60 percent, meeting the criteria for a TDIU rating as his only service-connected disability. However, there is no evidence to support service connection for a low back disability secondary to the service-connected left knee disability.

The Veteran's lumbar spine disability and associated right lower extremity radiculopathy were evaluated, but the claims for increased ratings were denied as they did not meet the criteria for higher evaluations.

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

The Veteran's service-connected degenerative joint disease and degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective July 31, 2009. The appeal for higher ratings has been denied.

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board has granted service connection for a low back disability, finding that the Veteran's current chronic back disability is as likely as not caused by physical training performed during his period of service. The remaining issues have been remanded due to the Veteran filing timely notices of disagreement.

The Veteran's degenerative joint and disc disease of the lumbar spine was manifested at worst by thoracolumbar forward flexion of 50 degrees, which meets the criteria for a 20 percent rating under the general rating formula for diseases and injuries of the spine.