Back / lumbar spine decisions — 2016

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Veteran's claim for a higher rating for his lumbar spine disability prior to June 13, 2011 was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent at that time. Beginning June 13, 2011, the Veteran's claim for an increased rating was granted and he is now rated at 40 percent.

The Veteran's gastrointestinal disability is found to be present and compensable, meeting the criteria for service connection as an undiagnosed illness. Service connection is denied for low back and neck disabilities.

The Veteran's service-connected disabilities do not preclude substantially gainful employment, and therefore he is not entitled to a TDIU based on his service-connected conditions.

The Veteran's low back disability was rated at 20 percent prior to January 4, 2006 and restored to 20 percent beginning March 1, 2006.

The Board found no evidence to support the Veteran's claim that his current lower back disorder is related to service, including as due to an undiagnosed illness. The VA examinations and treatment records did not provide sufficient information or a sound basis for concluding that the Veteran's current condition was incurred in or caused by service.

The Veteran's lumbar spine disability is manifested by incapacitating episodes of at least 6 weeks during a 12 month period, and the current rating of 60 percent is appropriate.

The Veteran's service-connected disabilities do not result in loss or loss of use of upper or lower extremities, blindness in both eyes, anatomical loss or loss of use of both hands, deep partial or full thickness or subdermal burns, or residuals of an inhalation injury. Therefore, he is not entitled to specially adapted housing or special home adaptation grant.

The Board has remanded the case for additional development due to a need for clarification and review of the evidence, including the Veteran's statements.

The Board has remanded the case for further development due to incomplete medical opinions regarding service connection for a cervical spine disability.

The Veteran's claim for increased ratings for degenerative disc disease, spinal stenosis status post diskectomy surgery was denied. The RO granted a 40 percent rating effective March 28, 2012.

The Veteran's low back disability is rated at 20 percent, and his bilateral knee and foot disabilities are each rated at 10 percent.

The Veteran's claims for increased ratings of his cervical spine, lumbar spine, and left foot disabilities were denied. The Veteran was granted a noncompensable rating for the post-operative residuals of hallux valgus with hammer toe of the left foot.

The Board has determined that the Veteran does not have a current low back disability, right thumb disability, or psychiatric disability for which service connection can be granted. The claims are therefore denied.

The Board found that the Veteran's current low back disability is not related to service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of outstanding medical records.

The Board finds that the Veteran's diagnoses of lumbago, thoracolumbar strain, disc desiccation at L4-L5, and degenerative changes at L5-S1 are in relative equipoise with respect to whether they are etiologically related to service. As such, service connection is granted for a thoracic or lumbar spine disability.

The Board denied the Veteran's claims for service connection for post-operative residuals of lumbar spine disorder, diabetes mellitus, an acquired mental disorder (presumably including cognitive disorder NOS and depressive disorder NOS), seizure disorder, right ear hearing loss, left ear hearing loss, tinnitus, and bilateral knee disability. The claim for service connection for a right ear hearing loss was denied as the Veteran's hearing did not meet VA criteria for hearing loss. The claims for an increased rating for bilateral knee disability and entitlement to TDIU were also denied.

The Board has granted the Veteran's petition to reopen his previously denied claim for service connection for lumbar spine DDD and has determined that a nexus exists between the in-service injury and the current disability. The Veteran is now entitled to service connection for lumbar spine DDD and degenerative changes.

The Board found that there is no evidence of a nexus between the Veteran's current low back disability and his service, including any in-service injury or event. The VA examiners concluded that the Veteran's degenerative disc disease and joint disease are not related to his service-connected postoperative residuals of a pilonidal cyst.