Back / lumbar spine decisions — 2017

The Board denied service connection for a back disability, arthritis, and bilateral leg disabilities as they are not shown to have been incurred or aggravated by active duty.

The Veteran's claims for increased rating and TDIU prior to November 22, 2013 are being remanded due to the need for additional development including a new VA examination.

The Board finds that the Veteran's cervical, thoracic, and lumbosacral spine disabilities are not related to service. The preponderance of evidence indicates these conditions were caused by civilian work rather than an in-service injury.,Service connection for a cervical spine disability, thoracic spine disability, and lumbosacral spine disability is denied as the Veteran's current spine disabilities are more likely due to his civilian employment.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and a VA opinion regarding the impact of his service-connected disabilities on his ability to secure or follow a substantially gainful occupation.

The Board has determined that the Veteran's current low back disorder is related to his active duty service, and thus grants service connection for a low back disorder.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine is rated at 40 percent, which is the highest rating available without showing unfavorable ankylosis. Service connection for traumatic arthritis of the cervical spine was not established due to lack of evidence linking it to service or a service-connected condition.

The Board found that the Veteran's cervical and thoracolumbar spine conditions did not manifest during service or within one year of separation, and are not etiologically related to his active service.

The Veteran's claim for an increased rating for his lumbar spine disability, with intervertebral disc syndrome (IVDS), is being remanded due to the need for additional development and consideration of new evidence.

The VA examiners found no clinical evidence to support a direct service connection for the Veteran's low back disorder, and thus concluded that it was less likely than not caused by or related to his in-service injury.

The Veteran's back disability was found to not meet the criteria for a higher rating prior to August 18, 2011. The evidence did not show ankylosis or other conditions that would warrant a higher rating.

The Veteran's service-connected degenerative arthritis of the thoracolumbar spine is currently rated at 10 percent, which is the maximum schedular rating available under VA regulations. The Board finds that his disability does not warrant a higher evaluation based on the evidence provided.

The Veteran's claims for increased evaluations of his lumbosacral strain with residual degenerative disc disease and fracture of the right thumb were denied. The Board found that the evidence did not support an evaluation in excess of the current ratings.

The Board has decided to remand the case for further development due to inadequate medical opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claim for an effective date prior to April 9, 2003 for the award of service connection for lumbar disc disease is denied. The final March 1989 rating decision denying service connection for a back disability is a legal bar to an earlier effective date.

The Veteran's lumbar spine disability is rated at 20 percent, which does not meet the criteria for a higher rating. However, due to his service-connected mood disorder receiving a 100% rating prior to November 1, 2014, he was granted TDIU effective from that date.

The Board finds that the evidence is in equipoise as to whether the Veteran's low back disorder was incurred during his active service, and grants service connection for a lumbar spine disability.

The Veteran's service-connected chronic low back strain is rated at 20 percent since December 30, 2015. Service connection for cervical spine disability has been granted.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss, tinnitus, right ankle condition, left ankle condition, and low back condition. The appeals were based on direct service connection.

The Veteran's multiple service-connected disabilities, including DDD of the lumbar spine and peripheral neuropathy associated with diabetes mellitus (DM), effectively preclude all forms of substantially gainful employment.

The Veteran's degenerative disc disease L5-S1 and associated radiculopathy of the right lower extremity are rated at 20 percent prior to April 22, 2016, and 40 percent beginning April 22, 2016. The appeal is denied.