Back / lumbar spine decisions — 2015

The Veteran is rated as 70 percent or greater disabled due to service-connected degenerative disc disease of the lumbar spine with associated radiculopathy for the period from January 3, 2012, forward. The evidence shows that it is at least as likely as not that the Veteran's service-connected condition renders him incapable of maintaining substantially (more than marginal) gainful employment consistent with his education and employment background.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent, and the VA examiner found that it does not meet the criteria for a higher rating based on limitation of motion or IVDS.

The Board found that the Veteran's low back disability is not related to service and denied his claim for service connection. The rating for hepatitis C remains unchanged.

The Veteran's PTSD is rated at 50 percent, but the Board found that it does not warrant a higher rating. The claims for left knee disorder, lumbar spine disorder, and left shoulder disorder were all denied as they are not service-connected.

The Veteran's appeal is being remanded for additional development to obtain private treatment records and an addendum medical opinion regarding his bowel and bladder dysfunction.

The Board has remanded the case for a new hearing at the Togus, Maine RO regarding the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's service-connected low back disability is not productive of limitation of flexion to 60 degrees or less, a combined range of motion of the thoracolumbar spine not greater than 120 degrees, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, ankylosis of any kind, neurologic impairment, or incapacitating episodes having a total duration of at least two weeks but less than four weeks during the past twelve months. As such, the criteria for an evaluation in excess of 10 percent have not been met.

The Board has ordered a remand to obtain an additional VA examination and opinion in order to determine the etiology of the Veteran's current low back disability. The Veteran is seeking service connection for his claimed low back disorder.

The Veteran's claim for an effective date prior to January 23, 1998 for the award of a TDIU rating was granted. The Board found that the Veteran was unemployable due to his service-connected disabilities prior to this date.

The Veteran's claim for a bilateral foot disability, other than peripheral neuropathy, is denied as there is no evidence of such a condition during the pendency of her appeal. The remaining claims are addressed in the REMAND section.

The Board denied service connection for residuals of head injury, cervical spine disorder, and lumbar spine disorder.,Service treatment records do not document the claimed head injuries or provide a basis for presumptive service connection.

The Board has remanded the case due to scheduling issues and will schedule a hearing for the Veteran.

The Board has determined that the Veteran's lumbar spine disability did not originate in service or until years thereafter, and is not otherwise etiologically related to service. As such, the claim for service connection for a lumbar spine disability was denied.

The Board found that the Veteran's gout and lumbar spine disorder are not related to his active duty service.,There is no evidence of a chronic disease shown as such in service or within an applicable presumptive period, nor can continuity of symptomatology be established.

The Veteran's lumbosacral strain was rated at 40 percent effective June 7, 2011. Effective April 15, 2008, he is also service-connected for peripheral neuropathy of the right and left lower extremities.

The Veteran's claim for a rating in excess of 10 percent for degenerative disc disease and degenerative joint disease of the lumbar spine was denied. The Board granted his TDIU claim based on his service-connected disabilities, which rendered him unable to obtain and retain substantially gainful employment.

The Veteran withdrew his appeal for the claims of entitlement to payment of or reimbursement for medical expenses incurred on December 12, 2005 and April 11, 2006 at Riverside Methodist Hospital in Columbus, Ohio.

The Veteran's TDIU claim is being remanded for a new VA Social and Industrial Survey to consider her complete disability picture, including her service-connected conditions.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the current severity of his service-connected thoracic and lumbar spine degenerative arthritis with thoracic spine dextrorotoscoliosis, left ankle sprain and left Achilles calcaneal spur, restless leg syndrome, and right shoulder strain.

The Board has remanded the case due to insufficient evidence regarding the Veteran's low back disability and its relation to service.