Back / lumbar spine decisions — 2017

The Veteran has withdrawn his appeal for all service connection claims.

The Board has determined that the Veteran does not have a current diagnosis of right shoulder impingement, and thus cannot establish service connection for this condition. The claims for lumbar stenosis with degenerative disc disease and degenerative changes to the cervical spine are remanded for additional development.

The Board has determined that the Veteran's lumbar spine disability was not incurred during active duty and is not otherwise related to military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and a new VA examination. The case will be referred to the Director of Compensation and Pension Service for extraschedular consideration of his TDIU claim and increased rating claim.

The Board has determined that the Veteran's current low back disability is attributable to an injury in service, and therefore grants service connection for this condition.

The Board denied the Veteran's claim for service connection for a back or spine disability due to trauma, finding that his injuries were caused by his own willful misconduct and not incurred in the line of duty.

The Veteran's TDIU claim is granted as his service-connected disabilities, including a lumbar spine disability, left shoulder strain with bursitis, and enlarged prostate, are found to be so severe that they preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's lumbar DDD/IVDS, left and right lower extremity radiculopathies, and PTSD were evaluated based on their respective symptoms. The appeals for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's lumbar spine disability is rated as 20% prior to March 22, 2012 and thereafter as 40%. The right lower extremity radiculopathy was granted a 20% rating from July 9, 2008 to May 25, 2012. From May 25, 2012 onwards, the Veteran's left lower extremity radiculopathy is rated as 20%. The right knee arthritis was granted a 20% rating from August 14, 2009 to April 9, 2013. TDIU has been granted.,The Veteran's lumbar spine disability is rated as 20% prior to March 22, 2012 and thereafter as 40%. The right lower extremity radiculopathy was granted a 20% rating from July 9, 2008 to May 25, 2012. From May 25, 2012 onwards, the Veteran's left lower extremity radiculopathy is rated as 20%. The right knee arthritis was granted a 20% rating from August 14, 2009 to April 9, 2013. TDIU has been granted.

The Board has remanded the Veteran's claims for additional development due to non-compliance with prior directives.

The Board has remanded the case for further development due to inadequate VA examinations and a failure to provide adequate reasons and bases for the denials.

The Board finds that the Veteran's lumbar spine disability, including degenerative disease, was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The claim for a left foot disability is remanded as there are outstanding issues regarding its etiology.

The Veteran withdrew his appeals on all three issues, resulting in the dismissal of these cases.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran's degenerative arthritis of the lumbosacral spine is service connected as it is at least as likely as not related to his active military service.

The Veteran is entitled to specially adapted housing due to her service-connected disabilities, including left lower extremity radiculopathy and lumbar degenerative disc disease. The issue of a special home adaptation grant is dismissed as moot.

The Board has remanded the case due to a request for a videoconference hearing. The Veteran's claims related to service connection are pending.

The Veteran's back disability is currently evaluated as 20 percent disabling under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that his range of motion does not warrant a higher evaluation.

The Board denied the Veteran's claims for service connection for a neck disorder and low back disorder, finding that there was no evidence of an in-service injury or disease related to these conditions.

The Board has determined that the Veteran's current lumbar spine disability is not related to his active service, and therefore denied service connection for this condition.,Regarding the bilateral foot disability, the Board found no evidence of a separate diagnosis other than radicular pain secondary to the Veteran's lumbar spine disorder. Service connection was also denied.