Back / lumbar spine decisions — 2016

The Veteran's service-connected disabilities, including PTSD, IHD, plantar warts, lumbar and cervical spine DJD, hip and shoulder DJD, preclude him from securing and maintaining substantially gainful employment.

The Board has determined that the Veteran's claimed thoracolumbar spine, right knee, and left leg disabilities are not service-connected as they were either not present during active service or did not manifest within one year of service. The evidence does not support a finding that these conditions are related to service or any service-connected disability.

The Board finds that the Veteran's low back disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board has determined that the Veteran's cervical spine disability was incurred in service, and his lumbar spine disability warrants a 20 percent rating prior to April 9, 2014, and a 40 percent rating from April 9, 2014, to May 14, 2015.

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

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds no basis to grant a higher rating. The issues of TDIU prior to January 11, 2016 and separate ratings for neurological abnormalities are also denied.

The Veteran's lumbar spine disability is rated at 40 percent, effective November 21, 2012. The radiculopathy of the lower left extremity and limitation of extension of the thigh due to degenerative joint disease of the left hip are each rated at 10 percent.

The Board finds that the Veteran's low back disability is causally related to his active service, and grants service connection for a low back disability on a direct basis.

The Veteran seeks service connection for a low back disorder, which he contends is secondary to his service-connected left knee disability. The Board has remanded the case for additional development.

The Board denied the Veteran's claims for service connection for a low back disorder and right leg sciatica, finding that there was no evidence of an in-service injury or disease related to these conditions. The Board also found that arthritis could not be presumed as it did not manifest within one year of discharge from active duty.

The Board has determined that the Veteran's lumbosacral spine disability did not exist prior to his military service and was not aggravated by such service. As a result, the claim for service connection is denied.

The Board has determined that the Veteran does not have a current cervical spine disability that is at least as likely as not causally or etiologically related to his active service, including head trauma. The VA examiner's opinion was against a causal relationship between the in-service injuries and the current cervical spine disabilities.

The Board denied service connection for a low back disability and granted an initial rating of 10% for a right wrist ganglion cyst, but the appeal is not about service connection at all.

The Veteran's claim for TDIU was denied as his service-connected conditions did not meet the criteria for a total disability rating based on individual unemployability.

The Board granted an earlier effective date of October 25, 2011 for the award of a separate 10 percent rating for radiculopathy of the left sciatic nerve. The Veteran's radiculopathy is considered part of her lumbar spine disability.

The Veteran's lumbar spine disability has been rated as 10 percent disabling since August 26, 2009. For the period from August 26, 2009 to December 16, 2015, he is also entitled to a separate rating of 10 percent for mild left lower extremity sciatica.

The Board has remanded the case for additional development due to inconsistencies in the medical examination report and the need for a new VA examination.

The Veteran's claims for increased disability ratings prior to November 1, 2012 were denied as his right leg radiculopathy did not meet the criteria for a rating in excess of 10 percent.

The Board has dismissed the appeal of entitlement to an effective date earlier than October 2, 2009, for the grant of a 20 percent rating for multi-level degenerative disc disease with spondylosis of the cervical spine. The Veteran's claims for service connection for an acquired psychiatric disorder (including PTSD and dysthymic disorder) and a cognitive disorder have been granted.

The Veteran's appeals for service connection and increased rating claims have been withdrawn. The Board has dismissed the underlying claims as there is no longer an appeal to consider.