Back / lumbar spine decisions — 2015

The Veteran's claim for a TDIU due to service-connected disabilities has been denied as his combined disability rating is not high enough to meet the schedular criteria, and there is no evidence that he is unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected DJD of the lumbar spine was found to not meet criteria for a higher rating prior to December 16, 2013 and from that date onwards. The disability did not warrant an increased rating.

The Board has reopened the Veteran's previously denied claim of service connection for a lumbar spine disability and found that new evidence supports this reopening. However, the claims for service connection for bilateral eye condition, right arm/elbow disability, left elbow disability, left hand disability, right knee disability, and left knee disability have not been substantiated.

The Veteran's low back strain prior to December 17, 2012 did not meet the criteria for a disability rating higher than 10 percent as her range of motion was greater than 120 degrees and she did not have muscle spasm or guarding resulting in abnormal gait or contour.

The Board has determined that the Veteran's claimed spinal, knee, foot, respiratory and skin disorders are not related to his active duty service or toxic herbicide exposure. The evidence does not show a current diagnosis of any of these conditions.

The Board has ordered the VA to obtain worker's compensation records from New Jersey, and if these records are unavailable or cannot be obtained, notify the Veteran. The case will then be remanded for further action.

The Veteran's cervical spine and thoracolumbar spine disabilities have not met the criteria for a rating in excess of 20 percent under VA regulations.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected degenerative disc disease, lumbar spine postoperative laminotomy with scar, and bilateral lower extremity radiculopathies. Additional treatment records must be obtained.

The Veteran's low back disability, including degenerative disc/joint disease and spinal canal stenosis, is related to service. He also has other service-connected disabilities that prevent him from securing or following substantially gainful employment.,Service connection for the low back disability was established based on continuity of symptomatology since service.

The Veteran's bilateral knee and hip disorders are related to his service-connected degenerative disc disease of the lumbar spine, which is granted as secondary.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the etiology of his claimed left shoulder, low back, left knee, and left hip disorders. The VA examiner will need to determine if these conditions are related to military service or an undiagnosed illness.

The Veteran's appeal for service connection for radiculopathy of the lower extremities has been withdrawn by the appellant, resulting in dismissal of the case.

The Veteran's claim for service connection of a low back disability has been reopened. The effective date for the award of service connection for left foot pes planus is denied as there was no formal or informal claim submitted within one year of the implicit denial in June 2003.

The Veteran's service-connected disabilities, including coronary artery disease, PTSD with anxiety and depression, mild thoracolumbar strain, malaria, and scars, preclude him from securing and following substantially gainful employment.

The Veteran's lumbar spine disability is rated at 20 percent, effective July 31, 2008. He also received separate ratings for his right and left lower extremity radiculopathies, both rated at 10 percent. The recurrent skin rash was rated as noncompensable.

The Veteran's service-connected disabilities do not make him unable to obtain and maintain gainful employment, thus the claim for TDIU is denied.

The Board has determined that the Veteran's current low back disorder is related to service, and thus grants service connection for this condition.

The Board found that the Veteran's left hip and low back disorders are not service connected, as there is no evidence of a chronic condition in service or within one year after discharge. The VA examiners concluded that his current conditions are less likely caused by or aggravated by his service-connected bilateral knee disabilities.

The Veteran has withdrawn his appeals, and as a result, the claims are dismissed.

The Board found that the Veteran's current lower back conditions were not caused by or related to his active duty service, including spinal anesthesia applied during an operation in 1952 and carrying heavy equipment in Korea. The Veteran's PTSD did not result in total occupational and social impairment prior to December 30, 2011.