Back / lumbar spine decisions — 2016

The Veteran's service-connected lumbosacral spine disability and mood disorder render him unable to secure or follow a substantially gainful occupation, warranting a total disability evaluation based upon individual unemployability (TDIU).

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for a low back disorder. The Veteran's effective date for service connection for irritable bowel syndrome remains December 20, 2010.

The Veteran's lumbar spine disability has not approximated unfavorable ankylosis of the entire thoracolumbar spine, and his left lower extremity radiculopathy is mild in degree. Therefore, a rating in excess of 40 percent for residuals of a back injury with degenerative disc disease, L5-S1, and a rating in excess of 10 percent for left lower extremity radiculopathy are not warranted.

The Veteran is seeking service connection for a low back condition that he asserts was caused or aggravated by his service-connected flat feet. The case has been remanded to obtain additional VA examination and updated VA treatment records.

The Board has determined that the Veteran's left foot hammer toe and lumbar spine disability are service connected as they were incurred during his active duty.

The Board has determined that the Veteran's low back disorder is causally related to his service-connected left ankle and/or right knee disabilities, granting service connection for this condition.

The Veteran is granted a TDIU due to service-connected PTSD and SMC at the housebound rate based on his additional service-connected disabilities.

The Veteran's claim for an increased rating for thoracolumbar herniated disc, spondylosis, and rotoscoliosis was denied. The appeal is addressed as a reduction of the evaluation from 40 percent to 10 percent, effective November 19, 2013.

The Veteran's claims for increased ratings and TDIU were granted, with the right leg sciatica receiving a 60 percent rating effective from January 21, 2010. The left leg radiculopathy received a 20 percent rating effective from January 22, 2013, due to worsening symptoms reported by the Veteran. TDIU was granted since July 26, 2011.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's low back disability is related to service. The Veteran will need a supplemental opinion from an examiner that considers all available records, including private treatment notes.

The Veteran's current low back symptoms have been attributed to his nonservice-connected disorders, and his service-connected chronic lumbosacral strain does not meet the criteria for an initial evaluation in excess of 10 percent.

The Veteran's lumbar degenerative disc disease has not been manifested by the required criteria for a higher disability rating, and therefore his claim is denied.

The Board found that the Veteran's DDD of the low back resulted in forward flexion of the thoracolumbar spine to 30 degrees or less, which meets the criteria for a 40 percent rating from September 1, 2006, to June 15, 2011.

The Veteran's claim for a rating in excess of 10 percent for his service-connected lumbar spine disability prior to April 7, 2014, and in excess of 20 percent thereafter was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or any incapacitating episodes.

The Board found that the Veteran's current lumbar spine disorder did not develop during service and is not related to his military service. The claim was denied.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to October 23, 2008.

The Board has remanded the case for additional development, including obtaining service treatment records from Fort Campbell and Camp Blanding. The Veteran's claims of service connection for low back and neck disabilities are pending.

The Board found that the Veteran's lumbar spine disability was not entitled to an effective date prior to October 31, 1973 and denied his claim for a higher initial rating. The current 40 percent rating is maintained.

The Veteran's appeal for service connection for osteoarthritis (other than the right ankle and cervical and lumbar spine) has been denied. The issue of service connection for a cervical spine disability remains pending, as does the claim for service connection for a digestive disorder, claimed as GERD.