Back / lumbar spine decisions — 2015

The Veteran's lumbar degenerative disc disease and spondylosis were not found to warrant a higher disability rating prior to January 26, 2015. Beginning January 26, 2015, the disability was also not found to warrant an increased rating.

The Veteran's claim for an earlier effective date for a temporary total rating due to surgery necessitating convalescence is denied as the criteria were not met until after December 27, 2010.

The Board denied service connection for a low back disability and peripheral neuropathy of the bilateral lower extremities, finding no evidence linking these conditions to service or exposure to herbicides.,Service connection was not granted as there is no medical evidence showing a nexus between the Veteran's current disabilities and his military service.

The Board has determined that the Veteran's current low back disability, diagnosed as arthritis and degenerative facet arthropathy, began during active service. As such, the criteria for service connection have been met.

The Veteran's service-connected conditions, including ischemic heart disease, PTSD, type II diabetes mellitus, low back disability, and others, have rendered him unable to secure or maintain substantially gainful employment. The Board finds the evidence in equipoise as to whether he is unemployable due to his disabilities.

The Veteran's service-connected disabilities, including PTSD, lumbar pain syndrome, left ankle limited motion, and lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that he meets the criteria for a TDIU.

The Veteran's left shoulder strain is not service-connected, but his lumbar spondylolisthesis has been granted service connection.

The Veteran's service-connected disabilities, including diabetes mellitus, coronary artery disease, PTSD, anal fissure, lumbar spine degenerative disc disease and osteoarthritis, tinnitus, peripheral neuropathy, right ankle laxity, inguinal hernia repair residuals, left ear scar, groin scar, and erectile dysfunction, collectively preclude him from obtaining or retaining substantially gainful employment.

The Veteran's low back disability was not productive of ankylosis prior to February 1, 2012 and did not meet the criteria for a rating in excess of 10 percent. Since February 1, 2012, his disability has been rated as 40 percent disabling.

The Veteran's cervical spine disability is currently rated at 20 percent, which is the maximum schedular rating available for this condition.,The Veteran's right upper extremity radiculopathy is currently rated at 40 percent.

The Board found that the Veteran's current back disorder was not present in service or for many years thereafter, and has not been shown by competent and probative medical evidence to be etiologically related to his active service.

The Veteran's lumbosacral strain with spondylosis of L5 is currently rated at 40 percent, reflecting the limitation of motion to forward flexion of 30 degrees or less.

The Veteran's initial ratings for his service-connected lumbar spine disability and associated radiculopathy have been granted, with the highest rating of 40 percent assigned for the right lower extremity radiculopathy. The other issues remain pending.

The Veteran's current upper, middle and lower back disabilities are found to be related to injuries sustained during service.

The Board has determined that the Veteran does not have left lower extremity radiculopathy or a left leg length discrepancy, or pelvic tilt. The claims for service connection are denied.

The Veteran's lumbosacral corset likely caused wear and tear to her clothing, which is sufficient for the award of an annual clothing allowance.

The Board has remanded both issues for further development and examination. The Veteran's bilateral knee disability and low back disability claims are currently under review.

The Veteran's lumbosacral strain was reduced from a 40 percent rating to a 20 percent rating effective September 1, 2009. The reduction was proper as the evidence showed both objective improvement and an increase in the Veteran's ability to function at work and home.

The Board denied the Veteran's claims of service connection for Buerger's disease, a back disability, and a dental disorder. The decision found no new and material evidence to reopen the claim for Buerger's disease, and that there is no current diagnosis or link between any of these conditions and service.

The Board has remanded the case for additional development, including obtaining records from the Biloxi Vet Center and providing a VA examination to assess the Veteran's ability to work due to his service-connected disabilities. The appeal is not yet decided.