Back / lumbar spine decisions — 2015

The Board found that the Veteran's current low back and neck conditions are not related to his service, as there is no evidence of treatment or diagnosis in service. The VA examinations concluded that the current conditions are less likely than not due to events or issues during service from 1969-1970.

The Board has denied the Veteran's claims for service connection for low back disability and chest injury, finding that there is insufficient evidence to establish a nexus between these conditions and his military service.

The Veteran's claim for TDIU was received by VA on January 3, 2013. The effective date of the grant of TDIU is set at this date as there is no evidence showing that it was factually ascertainable that TDIU was warranted in the year prior to the date of claim.

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

The Board found no evidence of a current back disability causally related to active service, including in-service myositis and the Veteran's fall at work in 1988.

The Veteran's claim for increased ratings for his service-connected low back disorder is being remanded due to the need for clarification of what evidence is necessary to support a higher rating.

The Board finds that the Veteran's low back disability, diagnosed as degenerative changes of the lumbar spine, was manifested by compensable symptoms in December 1992 and is therefore presumed to have been incurred during service.

The Board has ordered a remand due to the need for additional medical opinions and consideration of all available evidence.

The Board found that the Veteran's lumbar spine disorder was not incurred in or aggravated by service and is not secondary to his service-connected cervical spine disorder. The rating for his cervical spine disorder prior to March 19, 2015, did not meet the criteria for a higher rating. For the period from March 19, 2015, the Veteran's cervical spine disorder did not meet the criteria for an increased rating. The Board also found that the Veteran is unable to obtain and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected knee and back disabilities are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU on a schedular basis for the periods from February 1, 2011, and prior to March 17, 2011, and from July 1, 2011, forward. The case is REMANDED for extraschedular consideration of a TDIU due to his service-connected disabilities prior to December 15, 2009.

The Veteran's lumbar spine disability is rated at 40 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Spine. The appeal was denied as his condition did not meet criteria for higher ratings.

The Board has granted service connection for lumbosacral strain, degenerative arthritis of the spine, degenerative disc disease, and spinal stenosis of the lumbar spine. The Veteran's bilateral lower extremity radiculopathy and traumatic arthritis of the hips are also found to be related to his service-connected back disability. Traumatic arthritis of the knees is also found to be related to his service-connected back disability.

The Board found that the Veteran's current spinal condition is more likely due to aging and post-service injuries, rather than service connection.

The Veteran's low back disability was granted an initial rating of 20 percent effective June 1, 2010. The issues on appeal were resolved in the Veteran's favor.

The Board has remanded the case for further development and an opinion regarding the etiology of the Veteran's low back disability. The appeal is currently in a pending state.

The Board found that the evidence does not support service connection for a low back disability, as it is not related to service or a service-connected condition.

The Veteran's lumbar spinal stenosis and cervical spine disability are rated at 20 percent each, effective from the date of service connection. The TDIU issue remains pending.

The Veteran's claim for a TDIU was denied as he failed to provide sufficient information and evidence to establish that his service-connected disabilities rendered him unable to obtain and sustain a substantial gainful occupation.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine is proximately due to or caused by his service-connected left ankle disability, and thus grants service connection for this condition.

The Veteran's claim for an increased rating for his lumbar spine disability was denied. The Board found that the evidence did not support a higher evaluation based on orthopedic findings.