Back / lumbar spine decisions — 2017

The Board found no evidence of a chronic back disorder in service or within one year after separation, and concluded that the current back condition is not related to active duty. For hypertension, while the Veteran served in Vietnam, there was no indication of herbicide exposure. The Board determined that the current hypertension is less likely due to PTSD.

The Veteran's service-connected conditions do not prevent her from securing and following substantially gainful employment.

The Board denied the Veteran's claims for service connection for various conditions, including skin disease, right shoulder disorder, elbow disorder, low back disorder, knee disorders, left ankle disorder, foot disorders, pulmonary disorder, and heart disorder. The decision found that new evidence did not reopen the claim of skin disease, and that none of the other conditions were related to service or a pre-existing disability.

The Board denied the Veteran's claims for service connection for skin rash, back condition, bilateral hearing loss, and heart disability. The evidence submitted since previous decisions was found to be cumulative or redundant.

The Board finds that the Veteran's lumbar spine disability did not improve to warrant a reduction of his 40 percent rating from June 1, 2010 to April 8, 2011.

The Veteran's lumbar spine disability has been rated as 10 percent prior to March 6, 2017 and 20 percent since then. The Board found that the evidence does not support a higher rating for any period.

The Board has determined that the Veteran's claimed low back, bilateral hip, left knee, and bilateral ankle disabilities are not caused or aggravated by his service-connected right knee disability.

The Veteran seeks an increased evaluation for a lumbosacral strain with degenerative changes, currently rated as 10 percent disabling from October 2, 2007 to June 17, 2014, and as 20 percent thereafter. The case is being remanded due to inadequate VA examination opinions regarding additional functional loss due to flare-ups.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment prior to May 1, 2013.

The Veteran's appeals have been dismissed as he has withdrawn his claims.

The Veteran's claim for an increased rating in excess of 30 percent for migraine headaches was denied as he failed to report for VA examinations without good cause.,The Veteran's claim for a TDIU due to service-connected disabilities was also denied, as his combined disability evaluation did not meet the minimum percentage requirements.

The Veteran's claim for a higher evaluation for his service-connected back disability has been denied as the evidence does not show unfavorable ankylosis of the entire thoracolumbar spine.

The Board has decided that the Veteran's lumbar spine disability is service-connected, with no new evidence provided to reopen the claim.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's lumbar spine disorder. The Veteran's service records show complaints of back pain during his active duty, and a new medical opinion is needed to determine if these symptoms are related to his military service.

The Veteran's lumbar spine disability is rated at 40 percent, effective May 12, 2017. His left lower extremity numbness is currently rated as 10 percent disabling. The Board denied the Veteran's claims for increased ratings and TDIU.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for examinations to evaluate his service-connected lumbar spine disability and left shoulder condition.

The Board has determined that the original grant of service connection for herniated nucleus pulposus L5-S1; degenerative disc disease L4-L5, L3-L4, and T11 T12; severe lumbar myositis, right L5-S1 radiculopathy, and dysthymia was not clearly erroneous. The severance of service connection for these conditions is therefore improper.

The Veteran's claim for an increased rating for his service-connected back disability was denied, as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine. The Veteran is granted separate compensable ratings (10%) for bilateral radiculopathy of the lower extremities.

The Veteran's claim for an increased rating for lumbar spine strain is denied as the evidence does not show that her disability warrants a higher rating under the applicable VA rating criteria.

The Board has restored the Veteran's original 20% rating for his service-connected lumbar strain and disk disease, effective July 1, 2011.