Back / lumbar spine decisions — 2017

The Veteran's degenerative joint disease of the thoracolumbar spine was manifested by forward flexion of no less than 0 to 70 degrees, combined range of motion of the thoracolumbar spine of no less than 150 degrees, and no abnormal gait, spinal contour, or ankylosis. The Veteran underwent spinal fusion surgery on November 2, 2016 and required convalescence of no more than 12 weeks to February 1, 2017.

The Board found no evidence of direct service connection for the Veteran's bilateral knee and low back conditions, as her current diagnoses do not meet the criteria for presumptive service connection. The medical opinions provided by VA examiners were consistent in their conclusion that there is no link between the Veteran's current conditions and her military service.

The Veteran's service-connected disabilities, specifically his lumbar spine and bilateral lower extremities conditions, render him unemployable. The Board grants a TDIU based on the severity of these conditions.

The Board denied the Veteran's claims for service connection for skin disorder, acquired psychiatric disorder, sinus disorders, lung disorder, and back disorder. The Board found that there was no in-service event or disease related to these conditions, and that presumptive service connection based on exposure to herbicides is not warranted.

The Board denied the Veteran's claims for service connection for various conditions, including a back disorder, bilateral upper extremity orthopedic disorders, hypertension, diabetes mellitus, lung disorders (including chronic obstructive pulmonary disorder and emphysema), and posttraumatic stress disorder. The decision found that these conditions were not incurred or related to active duty service.

The Veteran's PTSD was denied an increased rating, with the effective date of September 17, 2007.,Service connection for a low back disability was also denied.

The Veteran's service-connected conditions, including varicose veins, chronic low back syndrome, bilateral lower extremity radiculopathy, hypertension, and chronic kidney disease, are of sufficient severity to preclude all forms of substantially gainful employment. The Board finds that the criteria for a total disability rating based on individual unemployability are met.

The Board has decided that the Veteran's cervical spine and low back disabilities are not service-connected, as they were determined to be due to natural aging processes and other risk factors.

The Veteran's claim for a higher rating for chronic low back pain from multilevel degenerative disc disease and spinal stenosis was denied as the disability did not meet the criteria for a 40 percent rating under the applicable VA rating schedule.

The Veteran's appeal has been withdrawn due to the Veteran requesting withdrawal of the appeal prior to a decision being made.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's lumbosacral spine strain with spondylolisthesis and degenerative joint disease was rated at 10 percent prior to July 22, 2015, and at 20 percent thereafter. The Board found that the evidence did not support a higher rating for any portion of this period.

The Veteran's low back disability is currently rated at 10 percent, but does not meet the criteria for a higher rating under VA's rating schedule.,VA has determined that the Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for increased evaluations for his lumbar spine, right lower extremity radiculopathy, and right foot plantar fasciitis have been denied. The current ratings of 20 percent for each condition are deemed adequate.

The Veteran's lumbar spine disability was rated at 20 percent effective October 1, 2015. He also received separate ratings for radiculopathy of the right leg sciatic nerve (10%), residual of motor and sensory deficits of the left leg sciatic nerve (10%), radiculopathy of the right leg femoral nerve (10%), and radiculopathy of the left leg femoral nerve (10%).

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or due to housebound status has been denied as she is not in need of such assistance.

The Veteran's initial claim for a higher rating for chronic lumbosacral strain was denied as her symptoms did not meet the criteria for an increased disability rating prior to April 18, 2017. From that date, she continued to have pain and limited range of motion but did not meet the criteria for a higher rating.

The Board has remanded the case for additional development due to incomplete records and clarification of when the Veteran was hospitalized at Elmendorf Air Force Base.

The Veteran's claim for compensation under 38 C.F.R. � 3.324 is denied as he is in receipt of a 10 percent rating for tinnitus from April 18, 2007.

The Veteran's major depressive disorder and back disability are found to be related to service, with the depression being linked to his combat zone exposure in Kuwait.