Back / lumbar spine decisions — 2016

The Veteran's appeal has been dismissed as the appellant requested withdrawal of the appeal prior to a decision being made.

The Veteran's claims for service connection and increased ratings for his left shoulder disorder, low back disorder, healed fracture of the left radius and ulna, and scars have been denied. The Board found no evidence linking these conditions to service or showing they are related to any in-service injury.

The Veteran's initial increased disability rating for his chronic thoracolumbar strain and compression fractures was granted, but the effective date remains pending as it has not been determined.

The Board granted separate 20 percent ratings for sciatica of the right and left lower extremities associated with DDD of the lumbar spine, effective January 3, 2014.

The Board has determined that the Veteran's low back disability and disabilities of his bilateral lower extremities are not service-connected. The examiner concluded that the current low back condition is less likely than not related to service, as there was no evidence of chronic symptoms post-service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for bilateral ankle disability, left shoulder disability, low back disability, fatigue (claimed as due to chronic fatigue syndrome or undiagnosed illness), respiratory disorder (claimed as due to an undiagnosed illness), depressive disorder, NOS, and diabetes mellitus. As such, these claims are granted.

The Board found that the Veteran's disagreement with his reduced rating included a claim for an increased rating. The reduction of his 40 percent rating to a 10 percent rating was proper based on improvement in his disability.

The Board denied a higher rating for chronic lumbosacral strain and dismissed the appeal on the issue of annual clothing allowance.

The Veteran's initial rating for his service-connected back disability was granted at 10 percent prior to October 2, 2015. Since then, a higher rating of 20 percent has been granted effective from October 2, 2015.

The Veteran's appeal of a rating in excess of 20 percent for degenerative joint disease of the thoracolumbar spine since November 25, 2014 is being remanded due to inadequate VA examinations and need for further clarification on functional loss during flare-ups.

The Board has determined that the Veteran's lumbar radiculopathy with left sided lumbar disc herniation is related to his military service and grants this claim. The acquired psychiatric disorder, including PTSD, remains under consideration.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, and no higher. The Board finds that his disability does not meet or more nearly approximate unfavorable ankylosis or demonstrate incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board denied an earlier effective date for the grant of service connection for lumbar IVDS, finding that the earliest possible effective date was January 28, 2010.

The Board has remanded the case due to scheduling issues and the need for a Statement of the Case (SOC) on the low back disability service connection claim.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's claims for service connection and increased evaluations have been denied. The claim of service connection for right pes planus has been reopened, but the evidence does not meet the criteria for a higher evaluation.

The Veteran's nerve damage of the left upper extremity and right upper extremity have been granted service connection with effective dates set at January 5, 2010.

The Board has reopened the Veteran's claim for service connection for a low back disorder, to include degenerative disc disease and spondylolisthesis. However, the evidence does not support a finding that these conditions are related to his military service.

The Veteran's lumbar spine disability is rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other issues remain unchanged with no new ratings granted.