Back / lumbar spine decisions — 2017

The Veteran's degenerative disc disease of the lumbar spine is not manifested by forward flexion functionally limited to 30 degrees or less, ankylosis, or intervertebral disc syndrome resulting in incapacitating episodes. The Veteran was previously granted a 20% rating for this condition.

The Board has determined that the Veteran's low back disability, including degenerative disc disease of the lumbar spine, did not have its onset during active military service and is therefore not entitled to service connection.

The Veteran's service-connected PTSD, along with other disabilities, has rendered her unable to obtain and maintain substantially gainful employment. The abdominal scars have been rated as 10 percent disabling for pain.

The Veteran's claims for service connection were denied. The Board found no evidence of a direct link between the claimed conditions and his military service.

The Veteran's appeal is being remanded due to an audio malfunction during his September 2016 videoconference hearing. He was granted a service connection for right knee instability in July 2016 and that claim is not currently on appeal.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature of the Veteran's back disability and any related numbness in his lower extremities.

The Veteran's low back disability was documented during service and has been recurrent since, meeting the criteria for service connection.

The Veteran's combined evaluation for his service-connected lumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy is currently at 50 percent. The claims for increased evaluations are denied as the evidence does not support a higher rating.

The Veteran's TDIU claim is being remanded for referral to the VA Director of Compensation Service for adjudication under 38 C.F.R. § 4.16(b).

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's low back disorder, diagnosed as herniated discs at L2-L3 and L3-L4 with degenerative disc desiccation, is related to his active military service. As a result, the claim for service connection is granted.

The Veteran's appeal is being remanded for further development and examination to determine the nature and etiology of his claimed psychiatric, hip, lumbar spine, and knee disorders.

The Veteran's low back disability, evaluated at 20 percent prior to January 30, 2014, and 40 percent from that date, is not rated higher as the evidence does not show forward flexion limited to 30 degrees or less, nor ankylosis of the entire thoracolumbar spine.

The Veteran's claim for an increased rating for his degenerative disc disease L4-5 with pain radiated to right testicle, right buttock and right leg was denied as the evidence did not meet the criteria for a higher rating.

The Board has granted service connection for a low back disability and right shoulder strain. Service connection was denied for bilateral hearing loss, bilateral knee condition, and left wrist condition (claimed as carpal tunnel syndrome).

The Veteran's lumbar spine disability and right lower extremity radiculopathy have been rated at 10 percent prior to August 5, 2005. From that date, the Veteran is now rated at 20 percent for his service-connected conditions.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a liver disorder. However, it has granted service connection for a chronic low back strain incurred during active service.

The Board has denied the Veteran's claims for service connection for a back disorder, right knee disability, and left knee disability. The evidence does not support a finding that these conditions were incurred in or aggravated by service.

The Board has determined that the Veteran's claim for service connection of a low back disorder was denied due to lack of evidence establishing a nexus between his current condition and his military service. The reopened claim, however, remains denied as there is no probative evidence showing a direct link between his in-service symptoms and his current disability.

The Veteran's lumbar spine disability has been productive of painful motion throughout the appeal period, warranting an initial rating of at least 10 percent effective November 1, 2010.

The Board found that the Veteran does not have a back or neck disorder related to his military service and denied the claims for service connection.