Back / lumbar spine decisions — 2016

The Board has denied the appellant's claims for service connection for a right shoulder disorder, neck disorder, and low back disorder. The evidence does not support finding that these conditions were incurred during periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Veteran's service-connected lumbosacral strain has been manifested by complaints of pain on motion, but does not cause limitation of flexion to 60 degrees or less, or combined range of motion of the thoracolumbar spine to 120 degrees or less. The disability affects usual occupation and daily activities.

The Board has determined that the Veteran's lumbar spine disability was aggravated by his service-connected right knee condition, and thus grants service connection for this disability.

The Veteran's claim for separate evaluations for neurological manifestations of chronic lumbosacral strain is denied. The Board finds that the Veteran does not have any neurological manifestations related to his service-connected chronic lumbosacral strain. His claim for an increased evaluation for residuals of a left meniscectomy is also denied as there are no new and material evidence submitted since the last final rating decision, and the preponderance of the evidence shows that he does not meet the criteria for a higher evaluation.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to January 15, 2016. For the period from January 15, 2016, he is not eligible for schedular TDIU but may be eligible for extraschedular TDIU.

The Board has determined that the Veteran's low back disability was caused by his service-connected right ankle disability, and thus grants service connection for this condition.

The Board has granted service connection for degenerative disc disease and degenerative joint disease of the lumbar spine, finding that it is related to the Veteran's military service. The respiratory disorder claim will be remanded for issuance of a statement of the case.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his psychiatric disability did not meet criteria for a higher rating, his headache disability did not warrant an initial rating in excess of 30 percent, and he did not have PTSD or bipolar disorder.

The Board found that the Veteran's lumbosacral strain did not meet or approximate criteria for a disability rating in excess of 10 percent, as his range of motion was limited to 70 degrees forward flexion and 205 degrees combined range of motion. The other issues on appeal were also denied.

The Board denied the Veteran's claims for a temporary total evaluation due to treatment of his service-connected left epididymal cyst, as well as his claims for compensable evaluations for his diabetic retinopathy and hypertension. The low back strain claim is remanded.

The Board has granted the Veteran's claim to reopen his service connection for bilateral knee osteoarthritis and secondary service connection for degenerative joint disease of the lumbosacral region. The heart disability and bilateral hearing loss disability claims were dismissed due to withdrawal by the Veteran.

The Veteran seeks service connection for various conditions, including knee and ankle disabilities. The Board finds that some of these claims are based on secondary theories of entitlement to the right knee disability. The appeal is therefore considered 'mixed' as it includes both granted and denied issues.

The Veteran's claim for increased ratings and an earlier effective date for lumbosacral strain was denied. The Board found that the criteria for a higher rating were not met prior to January 17, 2002, and that the effective date of the 10 percent evaluation should be set at January 17, 2002.

The Board has granted increased initial evaluations for various spinal and joint disabilities, but denied service connection for hypertension and sinusitis.

The Board found that the Veteran's low back and right lower extremity disabilities are not related to his military service, as there is no evidence of any injury or condition during service. The VA examination concluded that any current disability is unrelated to service.

The Board has remanded the case for further development, including a new VA examination to address the etiology of the Veteran's lumbar spine disorder and its relationship to his service-connected right leg disability.

The Veteran's current lumbar disc disease with spondylosis is not related to his active duty service and the Board finds that he does not meet the criteria for service connection.

The Board has granted a 100 percent initial rating for depressive disorder NOS effective May 14, 2010.

The Board has granted service connection for lumbar spondylosis with disc disease, pelvic pain, and fatigue/sleep disorder. The Veteran's low back disability is related to his active duty service.,Service connection was also established for pelvic pain as being proximately due to the Veteran's service-connected low back disability.

The Veteran withdrew his appeal for all issues except the right shoulder replacement with osteoarthritis. The Board dismissed the appeals of the remaining issues.