Back / lumbar spine decisions — 2015

The Veteran's reported low back pain is not causally or etiologically related to his period of active service, and the Board finds that a preponderance of the evidence is against the claim for service connection for a low back condition.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation consistent with his education and occupational experience from September 22, 2011.

The Veteran's claims to service connection for right shoulder, bilateral wrist and finger, back, neck, bilateral knee, and bilateral ankle disorders have been denied as the evidence does not establish a nexus between his current diagnoses and military service.

The Veteran's current diagnosis of arthritis and degenerative disc disease of the lumbar spine is presumed to have been incurred in service due to continuous symptoms since separation.

The Board has determined that the Veteran's appeal as to service connection for a TBI was withdrawn. The claims of entitlement to service connection for hearing loss, tinnitus, and sleep disorder were also withdrawn.

The Board has determined that new and material evidence has been received to reopen the previously denied claims of service connection for left knee disability (secondary to right knee) and lumbar spine disability (secondary to right knee). The appellant's testimony suggests a link between his current disabilities and his service-connected right knee, warranting further examination and consideration.

The Board has determined that the Veteran does not have a current respiratory disability, to include pulmonary nodules. The claim for service connection for a low back disorder and an acquired psychiatric disorder (including PTSD) is also denied.

The Veteran's lower extremity radiculopathy is granted as secondary to his service-connected degenerative arthritis of the thoracic spine with lumbar strain. The vitamin D deficiency and lumbar spine disorder appeals are dismissed due to withdrawal.

The Veteran's appeal for a higher rating for his lumbar spine condition has been dismissed due to the death of the Veteran.

The Veteran's July 2011 surgery for a herniated disk was not considered treatment of his service-connected low back condition. The claim for an increased rating for the low back disability is dismissed as the Veteran withdrew it.

The Veteran's appeal is being remanded for scheduling a DRO hearing and, if necessary, another Board hearing. The claims will be readjudicated after these hearings.

The Board has determined that service connection for degenerative joint disease of the lumbar spine is granted as it is at least in equipoise whether this condition is related to military service.

The Veteran's traumatic arthritis of the lumbar spine was evaluated at a 20 percent rating since February 1, 2008. The disability is currently manifested by forward flexion to no less than 35 degrees, accounting for pain on motion and after repetition; no ankylosis; and no incapacitating episodes.

The Veteran's claims for increased ratings for cervical and thoracolumbar spine disabilities were denied as there is no evidence of unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating.

The Board found that the Veteran's cervical spine disability is at least partly related to his service-connected right knee disability and granted service connection for this condition.

The Veteran's claims for service connection for neck, right shoulder, and left shoulder disorders are being remanded due to the need for additional development of his medical records.

The Board has granted service connection for a low back disorder, finding that the Veteran's competent and credible statements regarding in-service injury and continuous symptomatology since service provide sufficient evidence to establish service connection.

The Board has determined that the Veteran's low back disability, diagnosed as lumbosacral strain, is likely related to his military service and has granted service connection for this condition.

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and TDIU, finding that there was no evidence of chronicity in service or post-service continuity of symptoms. The preponderance of the evidence did not support a finding that the current disability was related to service.

The Veteran's degenerative disc disease has resulted in limited flexion of the thoracolumbar spine greater than 60 degrees but less than 85 degrees and a combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees, which does not meet the criteria for a higher rating.