Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's right shoulder and back conditions are related to his in-service motorcycle accident, granting service connection for these conditions.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he has passed away.

The Board has determined that the Veteran's low back disorder, including status post laminectomy, lumbar spine spondylosis and degenerative disc disease, L5-S1, and right-sided sacroiliitis condition is related to his active service.

The Board has granted service connection for a skin disorder (tinea versicolor) and found that the Veteran's current skin condition is related to his in-service fungal infection. The Board also found that the Veteran's bilateral hip disabilities, right hip degenerative joint disease and left hip degenerative joint disease, are not connected to service.

The Veteran's service-connected disabilities (combined rating of 90%) render him incapable of maintaining regular substantially gainful employment.

The Veteran's claims for service connection for various conditions, including TBI with vertigo, nausea and headaches, COPD, sleep apnea, cervical spine disability, thoracolumbar spine disability, diabetes mellitus, erectile dysfunction (ED), and left hand disability are all denied as there is no competent evidence of current disabilities or a nexus to service.

The Veteran's combined schedular evaluation is 100 percent from November 1, 1995. The Board has granted the Veteran a TDIU based on his service-connected disabilities.

The Veteran's claim for service connection for residuals of a right shoulder injury is denied as there was no evidence of a current disability, and the preponderance of the evidence does not support a finding that any in-service event resulted in such a disability.,The Veteran's claim for service connection for residuals of heat exhaustion is denied as there was no evidence of a current disability, and the preponderance of the evidence does not support a finding that any in-service event resulted in such a disability.

The Veteran's service connection for a depressive disorder is granted. The rating for lumbosacral strain with lumbosacral DDD remains at 20 percent, and the initial rating for radiculopathy of the right lower extremity from February 14, 2011, to July 28, 2013, is granted at 10 percent. The rating for radiculopathy of the right lower extremity since July 29, 2013, is granted at 20 percent.

The Veteran's lumbar spine disability was rated at 10 percent prior to December 15, 2011 and at 40 percent thereafter. The claim for separate evaluations for left and right lower extremity radiculopathy is addressed in the REMAND portion of this decision.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for thoracolumbar spine disorder and cervical spine disorder. However, upon review of the evidence, including VA examinations and private chiropractor opinions, the Veteran does not have a current disability of these conditions.,Service treatment records show no chronic back or neck problems during active duty. The Veteran's complaints were treated with chiropractic care while in service but she was found to be in good health at separation. Post-service evaluations by VA providers did not find any current disabilities of the cervical and thoracolumbar spine.

The Board granted a 30 percent rating for the Veteran's service-connected degenerative disc disease of the cervical spine and muscle contraction headaches, effective from November 2, 2012. The Veteran's disability was found to meet the criteria for a 30 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for service connection are being remanded due to the need for additional VA examinations and development of his medical records.

The Board has found that the Veteran's low back disorder had its onset in service and granted service connection for this condition. The respiratory disorder issue remains pending as it was not addressed by the September 2014 decision.

The Veteran's claims for increased ratings for left foot postoperative hallux valgus and chronic lumbar strain with degenerative changes were denied by the Board. The Veteran was not granted any increase in disability rating.

The Veteran's lumbar spine disability is rated at 40 percent disabling effective May 7, 2014. The dental disorder claim was not granted.

The Board found that the Veteran's lumbar spine disability was not incurred during service and denied his claim for service connection.

The Veteran is entitled to a TDIU since January 13, 2003, due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.

The Board granted initial non-compensable ratings for bilateral shoulder strain, effective from July 3, 2012. Effective that date, the Veteran is entitled to a 20 percent rating for his service-connected lumbosacral spine disability.

The Veteran's lumbar spine disability has been rated at 40 percent since November 1, 2009 through March 15, 2011 and from June 1, 2011. The rating for right lower extremity radiculopathy was increased to 20 percent effective February 14, 2014. No higher ratings are warranted for the lumbar spine disability or left lower extremity radiculopathy.