Back / lumbar spine decisions — 2016

The Board found that the Veteran's current right knee, left knee, and low back disabilities were not incurred in service. The Board determined that there was no credible evidence supporting a direct service connection for these conditions.

The case is being remanded to obtain additional opinions regarding the Veteran's claimed disabilities of the left foot, right foot, and lumbar spine. The claims will be reconsidered after this development.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for higher disability ratings in several areas, including hearing loss, lumbosacral strain, psychiatric disability, hypertension, epicondylitis of the left elbow, and bilateral plantar fasciitis.

The Board found that the Veteran did not have hearing loss during service or within one year of separation, and thus denied his claim for service connection for hearing loss.

The case is being remanded for further development to address the Veteran's claims of service connection for right leg and back disabilities, including consideration of his lay statements regarding injuries sustained during parachuting jumps.

The appeal of entitlement to service connection for upper back disability is dismissed as moot due to the grant of service connection for lumbar disk syndrome with lumbar spondylosis and cervical spondylosis/sprain. The Veteran's chronic sinusitis and associated headaches are found to be related to his active service.

The Veteran's TDIU claim is being remanded due to the need for additional information regarding his employment history and a VA medical opinion evaluating the impact of his service-connected disabilities on his ability to work.

The Veteran's appeal is denied as he does not have a right ear hearing loss disability for VA purposes. The claims of entitlement to service connection for right leg sciatica, left leg sciatica, and lumbar disc disease with post-operative residuals are also denied.

The Board denied a disability rating in excess of 20 percent for the Veteran's degenerative disc disease of the cervical spine, finding that his impairment was analogous to forward flexion greater than 15 degrees without spinal ankylosis or prescribed bed rest.

The Veteran's lumbar spine musculoligamentous strain/sprain and right ring finger scar were evaluated, but neither condition met the criteria for a higher rating. The Veteran was not granted any additional compensation.

The Veteran's service-connected disabilities, including lumbar spine degenerative arthritis and disc herniation, have prevented him from securing or following substantially gainful employment for the period from June 16, 2004, to November 13, 2005. His disability rating for his lumbar spine condition is 40 percent on an extraschedular basis.

The Veteran withdrew his appeal for increased ratings for ankylosing spondylitis of the thoracolumbar spine and right lower extremity radiculopathy.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, and the Board finds in his favor based on the evidence of record.

The Veteran's claims for service connection for a low back disorder, right shoulder disorder, and an acquired psychiatric disorder were denied as there is no evidence of current disabilities or in-service injuries that could be linked to these conditions.

The Veteran's appeal is being remanded to obtain a VA medical examination and opinion that adequately addresses the Veteran's back/spinal symptom flare-ups, as well as any other relevant information.

The Veteran's service-connected degenerative disc disease, spondylolisthesis, and spondylosis is currently rated at 40 percent disabling as of August 25, 2008. The Board finds that the evidence does not support a higher rating for any period.

The Veteran's PTSD has not met the criteria for a higher rating, and his TDIU claim is also denied.

The Board has determined that the Veteran's current back disability did not have onset in service and was not caused or permanently aggravated by his active military service.

The Board denied service connection for rheumatoid arthritis and degenerative arthritis of the low back as there is no evidence of such conditions during or within one year after service, and they are not otherwise related to service.

The Veteran's service-connected disabilities, including his back and leg pain, have prevented him from obtaining and maintaining substantially gainful employment since September 9, 2013.