Back / lumbar spine decisions — 2015

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of any current low back disability, and for a VA examination.

The Veteran's appeal is remanded due to the need for a videoconference hearing before the Board.

The Veteran's service-connected disabilities, including pes planus with degenerative joint disease, bilateral hearing loss, thoracolumbar spine degenerative joint disease, bilateral knee and ankle degenerative joint disease, meet the criteria for a TDIU as they result in his inability to secure or follow substantially gainful employment.

The Veteran withdrew his appeal for service connection of chronic low back pain before the Board could make a decision.

The Veteran's appeal involves multiple issues related to his service-connected lumbar spine disability and associated radiculopathy of the lower extremities. The Board has remanded these matters for additional development, including obtaining updated VA treatment records and issuing a supplemental statement of the case.

The Board granted service connection and increased ratings for the veteran's lumbosacral strain, degenerative disc disease of L4-S1 with radiculopathy, and residuals of a fractured left fibula. The hearing loss disability was not rated as compensable under either pre-amendment or post-amendment regulations.

The Board has determined that the Veteran's low back disability, Degenerative Disc Disease (DDD) of the lumbar spine, is not caused or aggravated by his service-connected right knee disability.

The Veteran's claim for a higher rating for his low back disability and sciatica was denied. The evidence did not show limitation of motion or incapacitating episodes that would warrant a higher rating.

The Veteran's service-connected disabilities, including low back strain with degenerative disc disease, left knee chondromalacia, right knee chondromalacia, right foot traumatic arthritis with pes planus, left foot traumatic arthritis with pes planus, right hip degenerative arthritis, and left hip degenerative arthritis, meet the minimum combined rating criteria for a TDIU since February 27, 2006. The Board finds that the Veteran is unable to maintain substantially gainful employment due to these disabilities.

The Veteran's service-connected lumbosacral strain is not manifested by unfavorable ankylosis of the entire thoracolumbar spine or by any neurologic abnormalities, and thus does not warrant a higher rating.

The Veteran's service-connected pulmonary condition and degenerative joint disease of the lumbar spine have prevented him from obtaining substantially gainful employment since September 14, 1998. The Board finds that his claim for TDIU is granted as of this date.

The Veteran's lumbosacral strain with degenerative joint and disc disease is currently rated at 40 percent, but the evidence does not support an increase to a higher rating due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's cervical spine disability has been rated at 20 percent since November 2008. The Board found that the evidence did not meet the criteria for a higher rating, as there was no limitation of motion or ankylosis warranting a higher rating.

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

The Veteran's cervical spine DDD has been rated at 20 percent since February 13, 2009. The VA examiner found that the Veteran was not able to perform repetitive use testing with at least three repetitions due to severe pain and stiffness caused by his neck condition.

The Board found that the Veteran's current low back disability and arthritis did not manifest during service or within one year of separation, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for further development, including seeking clarification from the Veteran's treating chiropractor regarding his low back disability and service connection for traumatic brain injury. The TDIU claim is also inextricably intertwined with these issues.

The Board has directed that additional medical opinions be obtained regarding the service connection claims for lumbar and cervical spine disabilities, which are secondary to a service-connected left ankle disability. The case is being remanded for these purposes.

The Veteran's petition to reopen her claim for service connection for a low back disability was granted. The Board also found that the left knee disability warranted a rating in excess of 10 percent.

The Veteran's low back strain with sciatica is currently evaluated at 20 percent, and the Board found that this evaluation adequately reflects her current disability level.