Back / lumbar spine decisions — 2017

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, ankle disorders, knee disorders, hip disorders, and psychiatric and gastrointestinal issues, were denied as there is no competent evidence of current disabilities or a link to service.

The Board has remanded the case due to issues with obtaining service treatment records and sick call records, as well as a request for Dr. Krich's medical records.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment prior to June 1, 2013.

The Board has determined that the Veteran's low back disability, diagnosed as multilevel degenerative disc disease (DDD) of the lumbar spine, did not manifest during his active service and is not linked to a disease or injury in service. Therefore, the claim for service connection for this condition was denied.

The Board has determined that the September 1968 rating decision, which denied service connection for back disability, contained clear and unmistakable error (CUE). The correct application of law would have resulted in a grant of service connection.

The Board has determined that the Veteran's orthopedic disorders, including meralgia paresthesia of the left leg/thigh and osteoarthritis of the left knee, chronic muscular strain of the cervical spine, chronic muscular strain of the AC joint, and chronic muscular strain superimposed on degenerative instability of the lumbar spine, were not incurred in or aggravated by service. The Board finds that these conditions are less likely than not related to service.

The Board has remanded the case for further development and to obtain additional medical opinions regarding the Veteran's claimed shoulder and back disabilities, as well as their relationship to his service-connected right knee disability.

The Veteran's low back disability is currently rated at 20 percent, and his right and left knee disabilities are each rated at 10 percent. The Board finds that these ratings are appropriate.

The Board denied an increased disability rating for the Veteran's service-connected lumbar strain, finding that his symptoms did not meet or approximate the criteria for a higher evaluation.

The Board finds that the Veteran's low back disability is not service-connected and does not meet the criteria for a TDIU based on his single service-connected left hip disability.

The Board has granted a 20 percent rating for the Veteran's lumbar strain disability, effective from August 28, 2008. Prior to that date, the disability was rated at 10 percent.

The Board has granted service connection for a low back disorder, and the issue is now closed as there are no pending claims or disagreements.

The Veteran's claim for an increased rating for degenerative arthritis of the lumbosacral spine was denied, as his disability did not meet the criteria for a higher rating prior to March 4, 2015, and in excess of 40 percent thereafter.

The Veteran's low back disability was rated at 20 percent prior to January 20, 2017 and increased to 40 percent thereafter. The appeal is granted for the period from January 20, 2017 onwards.

The Board denied a higher initial rating for the Veteran's service-connected facet osteoarthritis with right L5 pars interarticularis defect of the lumbar spine, finding that the evidence did not support a higher evaluation based on limitation of motion or other factors such as pain.

The Board has determined that the Veteran's back disability did not originate in service, was not manifest within a year of service, and is not otherwise etiologically related to service. The claim for service connection for tinnitus remains pending.

The Veteran's DDD and DJD of the lumbar spine is currently rated at 40 percent, but does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Veteran's claim for service connection for chronic fatigue syndrome was withdrawn.,The Veteran is entitled to a 30 percent rating for bilateral temporomandibular dysfunction prior to October 7, 2014 and in excess of 30 percent thereafter. ,The Veteran is entitled to a 30 percent rating for migraine headaches prior to October 9, 2014 and in excess of 30 percent thereafter.,The Veteran is entitled to TDIU based on his service-connected disabilities.

The Board has determined that the Veteran's claims for service connection for spondylolisthesis, bilateral eye disorder, and bilateral foot pain and burning have been denied.,There is no indication of a link between the in-service single instance of foot pain with the currently diagnosed disorders. The issue resolved.

The Veteran seeks service connection for a back disability, which he asserts was caused or aggravated by service. The Board finds that a remand is necessary to obtain an opinion addressing the Veteran's claimed injuries and in-service diagnosis of a chronic lumbosacral strain.