Back / lumbar spine decisions — 2017

The Veteran's service-connected disabilities, including sleep apnea, major depression, cervical spine degenerative disc disease, right wrist carpal tunnel syndrome, lumbar spine degenerative disc disease, bladder dysfunction, right shoulder arthritis, allergic rhinitis, left and right lower extremity radiculopathy, hypertension, and pseudofolliculitis barbae, have rendered him unable to secure or follow a substantially gainful occupation since June 1, 2012.

The Board has denied the Veteran's claims for service connection for a chest disability and low back disability. The claim for chest disability was granted by an AMC decision in May 2017, resolving the issue on appeal.

The Board has determined that the Veteran's cervical and lumbar spine disabilities are at least as likely as not aggravated by his service-connected generalized convulsions, grand mal. As such, these conditions may be considered secondary to his service-connected condition.

The Veteran's back disability did not meet the criteria for an evaluation in excess of 20 percent from May 23, 2008 to February 4, 2014.

The Veteran's right knee disability is granted, and he is currently rated at 10 percent for his sinusitis. The Board has remanded the remaining issues for further development.

The Veteran's lumbar spine disability did not meet the criteria for a rating in excess of 10% prior to October 26, 2011.

The Board denied the Veteran's claim of service connection for coronary artery disease, as his VA Form 9 was not timely filed. The claims for increased ratings for degenerative disc disease of the lumbosacral spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were denied. The claim for GERD was granted with a zero percent rating effective June 12, 2015.

The Board has ordered a remand to obtain the Veteran's vocation rehabilitation folder and to provide an addendum opinion regarding the etiology of his low back disability, including whether it is related to service or secondary to his right knee disability.

The Board has granted service connection for degenerative arthritis of the lumbar spine and a shrapnel wound scar on the left arm, finding that there is sufficient evidence to support these claims.

The Board denied the Veteran's claim for service connection for a low back disability, finding that it was not incurred or aggravated by his military service and was not related to his service-connected left knee disability.

The Veteran's service-connected conditions prior to October 14, 2010 did not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the current schedular ratings adequately reflected the severity of his service-connected disabilities.

The Board has determined that the Veteran's current low back disability is not related to his active duty service and has denied his claim for service connection.

The Veteran's service-connected residuals of a low back injury are rated at 20 percent from June 20, 2007 to April 21, 2011. The appeal for higher ratings is denied.

The Veteran's service-connected disabilities, including PTSD and diabetes, have rendered him unable to secure or follow a substantially gainful occupation since February 7, 2012.

The Board finds that the Veteran's current lumbar spine disability, characterized as lumbar degenerative disc disease, lumbar facet joint syndrome, and lumbar radiculitis, had its onset during his period of active service from September 1986 to August 1990. Therefore, service connection for residuals of a low back injury is granted.

The Veteran's service connection claims for various conditions, including a thoracolumbar spine disorder, right shoulder disorder, cervical spine disorder, and TBI residuals have been granted.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for a low back disorder, right knee disorder, and bilateral shin splints. However, the Veteran's current conditions are not found to be related to service or to his service-connected asthma.

The Board has determined that the Veteran's right wrist, neck, and low back disabilities are not service-connected as they were not shown to be incurred or aggravated during his active duty service.

The Board has denied the reopening of the Veteran's claims for service connection for a lung disorder, low back disorder, and left ankle disorder. The claim for an increased rating for tinnitus is also denied.