Back / lumbar spine decisions — 2016

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed right elbow, left elbow, left hand, and back disorders. The case will be remanded for a VA examination and any other necessary actions.

The Board found that the Veteran's lower back condition, diagnosed as degenerative disc disease at L5-S1, is not causally related to service and denied her claim for service connection.

The Board found that the Veteran's lumbar spine symptoms had improved following surgery to the extent he could return to light duty employment, and thus denied an extension of a temporary total rating beyond May 31, 2008. The case is now remanded for issuance of a Statement of the Case on the issue of entitlement to a rating in excess of 20 percent for service-connected lumbar spine disorder.

The Board has determined that the Veteran's back disability and multiple sclerosis are related to his military service, with the latter being secondary to the former.

The Board has reopened the claim for service connection for viral hepatitis and found that new and material evidence has been received. Service connection is granted for viral hepatitis, cirrhosis of the liver, left and right wrist carpal tunnel syndrome, left and right arm/elbow tendonitis, bilateral hip disability (secondary to left knee injury), and back disability (secondary to left knee injury).

The Board found no evidence linking the Veteran's claimed disorders to his active duty service and determined that they are not related to service.

The Board has remanded the case for further development due to insufficient medical evidence regarding the Veteran's lower back disorder and its relationship to service.

The Board denied the Veteran's claims for service connection for a back disorder, psychiatric disorder, neck disorder, respiratory disorder (asthma), and hepatitis C. The decision also addressed whether new and material evidence had been submitted to reopen the claim for a back disorder.

The Board found that the Veteran's low back, left knee, right foot, and left foot disabilities are not service-connected as they did not manifest during active service or due to a service-connected disability. The VA examinations indicated these conditions were more likely related to natural aging processes rather than service.

The Veteran's claims for higher ratings have been adjudicated in multiple decisions, resulting in a mixed disposition. The initial rating for Scheuermann's disease and dorsolumbar strain has not met the criteria for an increased evaluation, while the left knee extension claim is pending with respect to the period prior to September 15, 2011.

The Veteran's service-connected degenerative disc disease of the thoracic spine has not resulted in ankylosis or forward flexion limited to 30 degrees, and there is no evidence of incapacitating episodes meeting the criteria for a higher rating. As such, a rating in excess of 20 percent is denied.

The Board has granted a TDIU effective February 2, 2009. The Veteran's service-connected disabilities have resulted in unemployability since that date.

The Veteran's claim for an increased rating for low back pain was denied, and his TDIU claim was also denied. The Board found that the evidence did not support a higher rating or entitlement to TDIU.

The Veteran's low back disability and bowel/bladder disorders are not service-connected as they did not begin during service or are not related to his military service.

The Board has determined that the Veteran's back and bilateral foot disabilities did not manifest during service or are otherwise related to his military service, and therefore denied both claims for service connection.

The Veteran's lumbar spine disability and associated lower extremity radiculopathies are currently rated 40 percent and 20 percent, respectively. The Board finds that these ratings are not higher than warranted based on the evidence of record.

The Board found no evidence to support the Veteran's claim that his low back disability was incurred in service, and thus denied the claim.

The Board has reopened the Veteran's claim for service connection for a back disability and granted service connection based on evidence showing that his current condition is related to active duty service.

The Veteran's service-connected lumbar disability and left lower extremity radiculopathy are currently rated at 20 percent and 10 percent, respectively. The Board finds that the evidence does not support a higher rating for either condition.