Back / lumbar spine decisions — 2016

The Board dismissed the motion due to the death of the moving party.

The Board found that the Veteran's current low back disorder, including degenerative disc disease of the lumbar spine, did not have an onset during his period of service or within one year after separation. The preponderance of evidence is against a finding that his current condition is related to his military service.

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

The Veteran's service-connected degenerative disc disease of the lumbosacral spine and peripheral neuropathy of both lower extremities have not met the criteria for a higher disability rating under the applicable VA rating schedule.

The Board has remanded the case for additional development, including scheduling a VA examination to determine the nature and etiology of any current low back disorder. The Veteran should be asked to identify all facilities where he has received treatment for his low back disorder from January 2013 to the present.

The Board has determined that the Veteran's low back disability is not service-connected, and his claims for heart disorder, increased rating for diabetes mellitus, and TDIU have been withdrawn. The appeal is denied.

The Board denied the Veteran's claims for service connection for peripheral vascular disease, bilateral knee disability, bilateral leg disability (other than peripheral vascular disease), and back disability. The evidence did not support a finding of service connection for any of these conditions.

The Board has determined that the Veteran's back disability is causally related to his military service and grants service connection for a back disability.

The Veteran's left knee disability, including a tear of the posterior horn of the lateral meniscus with chondrocalcinosis and arthritis, is rated at 10 percent. The Board granted an increased rating for instability of the left knee.

The Veteran's claims for evaluations of his psychiatric disorders, lumbar strain, right ring and little finger degenerative joint disease, left shoulder tendonitis, left knee patellofemoral pain syndrome, left ankle strain, and left foot plantar fasciitis from February 1, 2010 to September 6, 2011 were denied as the symptoms did not meet the criteria for a higher rating.

The Board has determined that the Veteran's claimed conditions are not related to his active service and have denied all claims for service connection.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board has remanded the TDIU claim for further development, including obtaining updated VA Form 21-8940 and scheduling a new VA examination to assess the Veteran's employment capacity due to his service-connected disabilities.

The Board has remanded the case for additional development to determine if the Veteran's low back disorder is secondary to his service-connected right and left knee disabilities, as well as whether it had its onset during active duty. The examiner must provide opinions on these issues.

The Board has determined that the Veteran's current back disability is not related to his active service and therefore denied his claim for service connection.

The Veteran's cervical, thoracic and lumbar spine conditions are not service-connected as there is no evidence of chronic disability in service or within one year thereafter. The VA examiner opined that the current spine conditions are less likely related to any event or spine condition noted in service.

The Veteran's low back disability, along with other service-connected conditions, rendered him unemployable starting from September 2002. The Board granted a TDIU effective April 2, 2003.

The Veteran has been diagnosed with lumbar spine degenerative disc disease and established a credible continuity of low back symptoms dating back to his in-service injury. The Board finds that service connection is warranted for this condition.

The Board finds that the Veteran's current back disability, diagnosed as back strain and thoracolumbar spondylosis is related to a back injury during service. Therefore, the Board grants service connection for her lumbar spine disability.

The Veteran's service-connected lumbar spine strain has been manifested by forward flexion to 90 degrees with frequent flare-ups of lumbar spine pain. Intervertebral disc syndrome or neurological manifestations including radiculopathy of the lower extremities have not been demonstrated.