Back / lumbar spine decisions — 2015

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his inability to secure and follow substantially gainful employment.

The Veteran's lumbosacral strain and degenerative disc disease have been rated at 40 percent since February 1, 2012. The Board finds that the current rating adequately reflects the severity of his disability.

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

The Board has remanded the case due to the need for additional development, including obtaining service personnel records and medical opinions.

The Board has remanded the case for further development and an examination to determine if the Veteran's back disorder is related to his service, specifically the assault he suffered in December 1971.

The Veteran's TBI claim is denied as there was no objective evidence of a TBI during service.,Service connection for tension headaches is granted as they are related to his service-connected GERD.

The Veteran's DDD of the thoracolumbar spine does not meet or approximate the criteria for a disability rating in excess of 20 percent, and his right L5 radiculopathy has not met or approximated the criteria for a disability rating in excess of 10 percent.

The Board has determined that the Veteran's low back disability, characterized as degenerative disc and degenerative joint disease of the lumbar spine, is related to service. As such, the claim for service connection is granted.

The Veteran's PTSD and DDD with spinal stenosis are rated at 70 percent combined, meeting the criteria for a TDIU. The increased rating claim for PTSD is granted.

The Veteran's claim for service connection for bilateral hearing loss disability was denied as there is no evidence of a current disability. The low back disability claim was also denied, but the Board found that new and material evidence had been submitted to reopen the claim.

The Veteran's service-connected low back disability was granted a 40 percent rating from June 10, 2014. He is also rated for neuritis of the sciatic nerve in his left lower extremity.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found no evidence of limitation of motion or pain to shoulder level, warranting a higher rating.

The Veteran's appeal is being remanded due to his inability to attend the scheduled hearing. His claims for service connection and reopening of a back disability claim are still pending.

The Veteran's lumbosacral strain has been manifested by pain, with forward flexion limited to 85 degrees at worst and combined range of motion limited to 155 degrees at worst. The disability does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has granted a 20 percent rating for the left shoulder disability, effective from September 7, 2007. The thoracolumbar spine disability remains at 10 percent.

The Board has remanded the case for further examination and opinion regarding service connection for a neurological disability, including peripheral neuropathy of the lower extremities and lumbosacral radiculopathy. The Veteran's claims are related to exposure in Vietnam but no evidence supports this claim. The examiner is asked to determine if any diagnosed conditions are related to his military service.

The Veteran's service-connected degenerative disc disease of the thoracic spine with compression fracture of the L1-T12, along with his PTSD, rendered him unable to secure and follow a substantially gainful occupation since May 3, 2008.

The Veteran's degenerative disc disease of the lumbar spine is found to have been incurred during his participation in VA training and rehabilitation services or CWT program, meeting the criteria for compensation under 38 U.S.C.A. § 1151.

The Board found that the Veteran's low back disability was not incurred or aggravated by service and is not presumed to have been incurred due to exposure to Agent Orange. The pre-existing condition, noted on entrance examination, did not increase in severity during service.