Back / lumbar spine decisions — 2017

The Veteran's lower back, left elbow, and tinnitus disabilities have been granted service connection. The initial ratings for these conditions are each set at 10 percent.

The Veteran's lumbar spine disorder is not service-connected and his PTSD disability ratings are denied.

The Board has determined that the Veteran's right lower extremity lumbar radiculopathy is etiologically linked to his service-connected low back disability, and thus grants service connection for this condition.

The Veteran's service-connected lumbar spine disability has been rated at 20 percent since March 19, 2015. The Board finds that the evidence does not support a higher rating for any period on appeal.

The Veteran's claim for a higher rating for his service-connected compression fracture at T6-T8 and degenerative disc disease of the thoracolumbar spine is being remanded due to the need for additional medical examination and consideration of newly added private medical records.

For the period prior to November 9, 2011, the Veteran's lumbar spine disability was not manifested by forward thoracolumbar flexion to 60 degrees or less; a combined range of thoracolumbar motion less than 120 degrees; muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour; ankylosis; neurological abnormalities; or incapacitating episodes having a total duration of at least 2 weeks during a 12-month period.,For the period beginning November 9, 2011, the Veteran's lumbar spine disability has been manifested by painful motion and limitation of motion due to functional loss. There is no evidence of favorable or unfavorable ankylosis, or incapacitating episodes of Intervertebral Disc Disease having a total duration of 6 weeks during a 12-month period.

The Board denied service connection for a back disorder, sleep apnea/sleep disorder, and gastrointestinal disorder as secondary to PTSD. The Veteran's claims were not supported by current evidence of these conditions.

The Board denied a higher extraschedular evaluation for residuals of mechanical low back strain since January 8, 2010 as the Veteran's symptoms are adequately compensated by his currently assigned schedular rating.

The Board has remanded the Veteran's claims of service connection for neck and low back disabilities due to a request for another hearing.

The Board has determined that the Veteran's low back disorder was not incurred or aggravated during his periods of active duty service. The preexisting condition was found to have been aggravated by a service-connected ankle disorder, but this aggravation did not result in an increase in disability beyond its natural progression.

The Board found that the Veteran's low back condition is not related to his military service, including an injury during ACDUTRA in October 2001.

The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment since March 14, 2012.

The Board has determined that the Veteran's right shoulder and low back disabilities, including arthritis, were not incurred in service or due to radiation exposure. The preponderance of evidence is against these claims.

The Veteran withdrew her appeal in a March 2017 statement, which included her name and case number.

The Veteran's TDIU claim is granted as he has a combined rating of 80% due to his service-connected disabilities, which meets the criteria for TDIU.

The Board found that the current low back disability is less likely related to service and more likely due to post-service construction work, thus denying the claim for service connection.

The Board has remanded the case due to an inadequate VA examination and a need for further development of evidence regarding the Veteran's lumbar spine disability.

The Board has remanded the case due to difficulties in locating the Veteran and scheduling a hearing. The Veteran's current address must be verified, and he is reminded of his duty to keep VA informed of any changes in his address.

The Board has granted a TDIU on an extraschedular basis effective September 17, 2004. The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since August 2003.

The Board has determined that the Veteran's thoracolumbar and cervical spine disabilities are as likely as not attributable to service, granting service connection for these conditions.