Back / lumbar spine decisions — 2017

The Veteran's lumbar spine disability is rated at 40 percent since April 15, 2013. His right thigh radiculopathy is rated at 10 percent and his left lower extremity radiculopathy is rated at 10 percent.

The Board has remanded the case for further development, including obtaining a medical opinion to clarify whether the Veteran's musculoligamentous thoracic spine pain denotes a disability due to an underlying disease or injury. The claim will be readjudicated after this additional development.

The Board has determined that the Veteran's low back disability, including spina bifida and degenerative joint disease, is not related to his military service. The evidence does not support a finding of in-service injury or aggravation.

The Veteran's claim for an initial rating in excess of 20 percent for his degenerative disc disease (DDD) L4-L5 with thoracolumbar strain was denied. The Board found that the evidence did not meet the criteria for a higher rating based on current functional impairment. For TDIU, the Veteran failed to report for a VA examination scheduled in conjunction with his claim and no good cause was provided.

The Board denied the Veteran's claim of service connection for a low back disability, finding that there is no evidence linking his current condition to military service.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbosacral spine disability and further development on claims for increased ratings for left ankle disability and TDIU.

The Board has determined that the Veteran's back disorder is not caused or aggravated by his service-connected right knee disability, as evidenced by the June 2017 VA examination and other medical records indicating obesity was due to diet rather than the knee condition.

The Veteran is granted a 10 percent rating for her low back disability, right hip disability, and right shoulder disability prior to December 19, 2016. The claim for service connection for cervical spine disability has been withdrawn.

The Veteran's low back disability is rated at 40 percent effective May 25, 2017.,The Veteran's right side lumbar radiculopathy is rated at 20 percent effective May 24, 2017.

The Board found that the Veteran's low back disability, other than anterior compression fractures at T12-L1, did not meet the criteria for service connection as it was not shown to be related to active duty or secondary to a service-connected condition.

The Veteran's claims for service connection and TDIU are being remanded due to the incorrect mailing of a Supplemental Statement of the Case (SSOC).

The Veteran's lumbosacral strain is characterized by increased chronic low back pain and corresponding functional impairment, more nearly approximating limitation of flexion to 30 degrees or less. The Board finds that a rating of 40 percent, but not higher, for lumbosacral strain has been met.

The Veteran's lumbosacral strain was evaluated at a 20 percent rating for the period prior to July 5, 2011. The Board found that his symptoms did not warrant an evaluation in excess of this level.

The Veteran withdrew the appeal for the claims of entitlement to increased ratings for PTSD, a lumbar spine disability, and a residual scar with characteristic disfigurement.

The Board has granted the Veteran's claim of service connection for tinnitus. The appeal related to a lower back condition was withdrawn by the Veteran during his hearing.

The Board has determined that the Veteran's death was not caused by any of his service-connected conditions, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Veteran's claims for service connection of an acquired psychiatric disorder and low back disability were not addressed. The Veteran was granted a compensable initial rating (10%) for pilonidal cysts, but denied a compensable initial rating for right fourth metacarpal fracture.

The Veteran's low back disability is currently rated at 20 percent, reflecting the severity of his symptoms and functional impairment. The claim for service connection for an acquired psychiatric disorder was granted.

The Veteran's appeal is being remanded for additional examinations and development of the claims due to inconsistencies in the medical evidence, including a discrepancy between the findings from his VA examination and recent radiology reports.

The Board has found that the Veteran's claims of service connection for various disabilities, including a chronic low back and cervical spine disability, bilateral shoulder arthritis, residuals of prostate cancer, erectile dysfunction, bilateral ankle arthritis, right knee arthritis, and right hip arthritis, have not been substantiated by the evidence of record. The preponderance of evidence does not support a finding that these conditions had onset during active service or are otherwise related to such service.