Back / lumbar spine decisions — 2017

The Board found no evidence to support a service connection for the Veteran's current back disorder, as his claimed injury during service did not result in chronic disability and there is no medical nexus between his current condition and service.

The Board has determined that the Veteran's documented in-service accidents caused any structural changes to his lumbar spine, making him vulnerable to later injury. Therefore, service connection for a low back disorder is granted on a direct basis.

The Board has remanded the case for additional development, including new examinations and a nexus opinion regarding the Veteran's service connection claim for a bilateral hip disability. The issues on appeal include claims for increased ratings for right shoulder, lumbar spine, and right knee disabilities, as well as a TDIU claim.

The Board found that the Veteran's current low back disability, including lumbar spine strain and degenerative joint disease (DJD), is not related to his service. The preponderance of evidence does not support a finding that the Veteran's current condition was caused by an in-service injury or illness.

The Board finds that the Veteran does not meet the criteria for service connection for any of his claimed conditions, as there is no evidence of in-service incurrence or continuity of symptomatology. The claims are denied.

The Veteran's service-connected lumbar spine and bilateral knee disabilities do not warrant a higher evaluation as the evidence does not demonstrate severe limitation of motion or incapacitating episodes.

The Board has determined that the Veteran's chronic myofascial pain syndrome of the low back and arthritis of the cervical spine are related to service, with the latter being attributed to a post-service motor vehicle accident.

The Board has determined that the Veteran does not have a current lumbar spine disorder, prostate disorder, right knee disorder, left knee disorder, or heart disorder for which service connection can be granted.,As such, the claims of entitlement to service connection for these conditions are denied.

The Veteran's lumbosacral strain was granted a rating of 40 percent prior to April 24, 2017 and denied any higher throughout the appeal period.

The Veteran meets the schedular requirements for a TDIU, but he is otherwise able to obtain or maintain substantially gainful employment despite service-connected disabilities.

The Veteran's service-connected disabilities did not render him incapable of securing or following a substantially gainful occupation prior to March 13, 2013.

The Veteran's right knee disorder claim is pending. The Board has granted a rating of 40 percent for his lumbar spine disability, and he now meets the criteria for TDIU prior to September 18, 2015. His right lower extremity radiculopathy and left lower extremity radiculopathy are each rated at 10 percent.

The Board found that the Veteran's low back disability was not incurred in service and is not related to her service-connected left hip stress fracture. Therefore, she does not meet the criteria for service connection.

The Veteran's claim for increased ratings for his chronic lumbosacral strain was denied as the evidence did not show that he met the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for lumbar spine disorder. The case is now remanded for further development, including a VA examination.

The Veteran has withdrawn his appeals for a higher rating for service-connected degenerative joint disease of the lumbar spine, degenerative joint disease of the right knee, and recurrent subluxation of the right knee. As such, these issues are dismissed.

The Veteran's service-connected low back disability rendered him unable to secure and follow substantially gainful employment from August 8, 2005 to February 21, 2007.

The Board has determined that the Veteran's pre-existing low back disability was aggravated by active service, and therefore grants service connection for a low back disability. The knee issues are remanded as additional development is needed.

The Board finds that the Veteran's current back disability is causally related to his in-service injuries, and thus grants service connection for a back disability.

The Board has remanded the case for further development and consideration of several issues, including service connection claims related to various joints and a back disorder. The Veteran's claims are currently under review.