Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his lumbar spine and bilateral lower extremity radiculopathy disabilities. The issues are inextricably intertwined with the TDIU claim.

The Board has reopened the claims for service connection for back, left knee, right knee, bilateral shoulder, and neck disabilities due to new evidence received since the final denial in September 2011. The appellant's current disabilities are considered to be related to his parachute jumps during active service.,Affording the appellant the benefit of doubt, the Board finds that each of the appellant's claimed disabilities (back, left knee, right knee, bilateral shoulder, and neck) were caused by his parachute jumps during active service.

The Board has determined that the Veteran's current low back disability, including arthritis and sacroiliac joint pain, was not incurred in or aggravated by service or any service-connected condition.

The Board denied service connection for a lumbar spine disorder, uterine mass, and right wrist/hand disorder. The Veteran's current conditions are not shown to be related to her active military service.

The Board finds that the evidence is in equipoise as to whether the Veteran's low back condition is secondary to his bilateral pes planus. The claim for service connection is granted.

The Board has determined that the Veteran's lumbar spine disability and hypertension are not related to service or any other condition, thus denying both claims.

The Board found that the Veteran's bipolar disorder pre-existed her service and was not aggravated during service, thus denying service connection for this condition. The back disorder issue is also denied.

The Board denied the Veteran's claims for service connection for sick sinus syndrome and for special monthly compensation at the housebound rate, finding no clear and unmistakable error in the March 10, 2010 rating decision that granted TDIU based on multiple service-connected disabilities.

The Board has determined that the Veteran's current left wrist and low back disabilities are service-connected as they had their onset during his active duty.

The Veteran's prostate gland disorder was not found to be related to service, including exposure to Agent Orange. The Board denied the claim for service connection.

The Veteran's lumbar spine disability is rated at 40 percent, the highest schedular rating for limitation of motion. The condition does not meet criteria for ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS).

The Board has determined that the Veteran does not have a current disability of the back that manifested during, or as a result of, active military service. The VA examiner concluded it is less likely than not that the Veteran's lumbar spine condition was caused by his service-connected left ankle disability.

The Veteran's claims for service connection are being remanded due to the need for further development and examination.

The Veteran's appeal is being remanded for further development, including obtaining additional VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected left knee disabilities and whether any current back or hip conditions are related to active service.

The Veteran's claims for increased ratings for his service-connected osteoarthritis with chronic strain of the lumbar spine and associated right and left lower extremity radiculopathy were denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board found that arthritis of the spine, mild scoliosis, and lumbar disc herniation were not incurred in or aggravated by service. The Veteran's low back disability is considered a congenital defect and was not shown to be aggravated during service.

The Veteran's DJD of the lumbar spine is currently rated at 20 percent disabling on and after February 17, 2011. The VA examiner found that her forward flexion was greater than 30 degrees but not greater than 60 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; with muscle spasm or guarding severe enough to result in a mildly abnormal gait and mild lordosis. This does not warrant an increase in rating.

The Veteran's PTSD and depressive disorder are related to his military service, and he is unable to work due to these conditions. The Board has granted a TDIU from May 29, 2012 to October 30, 2013.

The Veteran's character of discharge for his final period of service from March 1997 to February 2008 is a bar to VA benefits due to the commission of offenses during that period resulting in a dishonorable discharge. The appeal has been withdrawn with respect to several issues.

The Board has determined that the evidence supports restoring a disability rating of 40 percent for the Veteran's lumbar spine disability, effective from August 1, 2010 to November 1, 2013.