Back / lumbar spine decisions — 2017

The Veteran's claim for an increased rating for chronic gastritis with irritable bowel syndrome was denied as his condition did not meet the criteria for a higher rating. The claim for service connection for degenerative disc disease of the lumbar spine was also denied due to lack of evidence linking the condition to active duty service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to evaluate his spine disability and radiculopathy. The issue of entitlement to a TDIU is also being remanded.

The Board has remanded the case for additional development due to inadequate VA examinations and a need for further medical opinion regarding the Veteran's back disability.

The Veteran's low back disability was rated at 10 percent prior to March 17, 2016 and at 20 percent thereafter. The Board found that the evidence did not warrant a higher rating at any point during the period on appeal.

The Veteran's back disability, diagnosed as mild lumbar spondylosis or spondylolisthesis, was not caused or aggravated by any aspect of service.,The Veteran's right ear hearing loss preexisted service and was not aggravated by service.

The Veteran's service-connected conditions have not rendered him unable to secure or maintain substantially gainful employment.

The Veteran's lumbar spine disability has not been manifested by forward flexion of the lumbar spine functionally limited to 60 degrees or less, combined range of motion of the thoracolumbar spine less than 120 degrees, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the course of his appeal.,The Veteran's left lower extremity neurological deficits have been characterized by mild incomplete paralysis of the sciatic nerve; moderate incomplete paralysis has not been shown.,The Veteran's right lower extremity neurological deficits have been characterized by mild incomplete paralysis of the sciatic nerve; moderate incomplete paralysis has not been shown.,The Veteran's right foot mild hallux valgus with pes planus has not been manifested by symptoms equivalent to being operated on with resection of metatarsal head or symptoms equivalent to amputation of the great toe; it also does not require the use of built-up shoes or arch support.

The Veteran's claim for automobile and adaptive equipment or for adaptive equipment only is denied as he does not meet the requirements of this program due to his service-connected disabilities.

The Veteran's appeal has been dismissed due to his representative requesting withdrawal of the appeals for several issues, including those related to service connection and evaluation.

The Board has determined that the Veteran does not have a current diagnosis of a back disability and thus, service connection for this condition is denied.

The Veteran's chronic lumbosacral strain and bilateral hallux valgus deformities are rated at the minimum levels under VA rating criteria. The Board finds that the current ratings adequately compensate for her service-connected disabilities.

The Veteran's service-connected disabilities do not preclude his substantially gainful employment through May 23, 2016.

The Veteran's cervical spine disability and associated upper extremity radiculopathy were not granted increased ratings. The right upper extremity radiculopathy was denied, but the left upper extremity radiculopathy from May 11, 2016, received a 50% rating.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his TDIU claim is granted.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Veteran's cervical spine disability is service-connected and rated at 20 percent. The right ankle and right foot disabilities are both rated at 20 percent.

The Veteran's appeal is being remanded for additional development to determine if her bilateral foot disability and back disability are related to service.

The Board denied service connection for right knee, left knee, right hip, left hip, and low back disabilities due to a lack of evidence showing their onset in active service or within one year thereafter, and the absence of a causal relationship between these conditions and service or service-connected right foot callus.

The Board has remanded the case for further development, including obtaining updated VA medical records and conducting new examinations to assess the current severity of the Veteran's right knee, left knee, and low back disabilities. The claims will be reviewed after these actions.

The Veteran's left hip strain is not productive of flexion limited to 30 degrees or less, extension limited to 5 degrees, ankylosis, limitation of rotation, limitation of adduction, limitation of abduction, flail joint, malunion or fracture of the femur, or the functional equivalent thereof.,The Veteran's lumbar spine strain is productive of flexion limited to 60 degrees or less but not of incapacitating episodes totalling at least 4 weeks per year, ankylosis, forward flexion limited to 30 degrees or less, combined range of motion limited to 170 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, or the functional equivalent thereof.,The Veteran's cervical spine disability is not productive of incapacitating episodes, ankylosis, forward flexion limited to 30 degrees or less, combined range of motion limited to 170 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, or the functional equivalent thereof.,The Veteran's right elbow disability is productive of pronation motion lost beyond the last quarter of arc, but it is not productive of pronation motion lost beyond the middle of arc, ankylosis, flexion limited to 100 degrees or less, extension limited to 45 degrees or more, fracture with deformity, ununited fracture, a flail joint, malunion, nonunion, bone fusion, or the functional equivalent thereof.