Back / lumbar spine decisions — 2016

The Veteran's degenerative disc disease of the lumbar spine and lumbar strain, status post lumbar surgery with scarring, is currently rated at 40 percent since June 10, 2013, based on the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's lumbar spine and bilateral knee disabilities are not related to his military service, and therefore denied these claims.

The Veteran's cervical and thoracolumbar spine disabilities are currently rated as 20 percent for each, but the evidence does not support a higher rating.

The Board has granted a 40 percent disability rating for the Veteran's service-connected chronic lumbar strain since October 6, 2014. The Veteran's heart disability is not service connected.

The Board denied the Veteran's claims for service connection for hypertension and a back disorder, finding that there was no evidence of in-service injury or disease related to these conditions.

The Board denied the Veteran's claims for increased ratings for his service-connected heart disability, finding that a rating in excess of 30 percent is not warranted prior to April 1, 2009, and granted a 60 percent rating effective from April 1, 2009.

The Veteran's service-connected disabilities, including depressive disorder and degenerative joint disease of the spine and shoulders, effectively preclude her from securing and following substantially gainful employment consistent with her educational and work background.

The Board has granted service connection for an acquired psychiatric disorder, fibrocystic breast disease, and has denied service connection for chronic headaches, low back disability, right hip disability, right knee disability, and neuropathy of the right foot.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected lumbar spine disorder and any associated neurological issues. The Veteran also needs to be provided with another opportunity to report for this examination.

The Board has denied the Veteran's claims for service connection for a low back disability and bilateral hip disabilities, as well as his petition to reopen previously denied claims for gallbladder and stomach ulcer conditions. The appeal is dismissed for the remaining issues.

The Veteran's claims for service connection and increased evaluations have been denied. The effective date for the grant of service connection for osteoarthritis of the right hip is set at November 13, 2009.

The Veteran seeks service connection for a low back disability, which he asserts had its inception during service. The case is being remanded to obtain additional medical records and update the claims file.

The Board has determined that the Veteran does not have a current diagnosis of hypertension, and thus service connection for this condition is denied. The claim of service connection for residuals of pneumonia was reopened but remains denied on the merits.

The Veteran's TDIU claim was denied as his service-connected disabilities do not render him unemployable without regard to advancing age.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for diarrhea, fatigue, GERD, back disability, and carpal tunnel syndrome affecting the bilateral upper extremities. The VA examiner concluded that these conditions are not related to his active duty service.

The Veteran withdrew his appeals regarding the increased ratings for lumbar spine strain with intervertebral disc syndrome, internal derangement of the left knee, and limitation of flexion of the left knee.

The Veteran has withdrawn her appeals for left knee osteoarthritis, right knee osteoarthritis, and thoracolumbar spine degenerative disc disease.

The Board finds that the Veteran does not have a current diagnosis for ingrown toenails, thoracolumbar spine disability, cervical spine disability, bilateral knee disabilities, or bilateral shoulder disabilities. Therefore, service connection is denied.

The Board found that there was no evidence linking the Veteran's current low back disability to his military service, and thus denied the claim.

The Board has reopened the claims for service connection for a right shoulder disorder, skin disorder, and back disorder. The evidence now supports these claims as they are related to the Veteran's service-connected left shoulder disability.