Back / lumbar spine decisions — 2017

The Board found that the Veteran's lumbosacral spine DDD more closely approximated forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, warranting a 20 percent rating under DC 5242. The claim for TDIU on an extraschedular basis was also granted.

The Board finds that service connection is granted for degenerative arthritis of the thoracolumbar spine as it was incurred in active service.

The Board found that the Veteran's lumbar spine disorder, including arthritis and degenerative disc disease, was not incurred in service and is not otherwise related to service. As a result, the claim for service connection was denied.

The Veteran's claim for a higher rating for her degenerative disc disease of the thoracolumbar spine and radiculopathy of the right lower extremity is being remanded due to the need for additional development, including obtaining private treatment records from S. F. Hospital.

The Board has remanded the case for additional development due to deficiencies in a previous VA examination.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent effective August 4, 2016. The Board grants this rating and also finds that the Veteran meets criteria for a TDIU due to his service-connected disabilities.

The Board has remanded the Veteran's case to obtain updated medical records and schedule him for VA examinations. The claim will be referred to the Director of Compensation Service for adjudication in accordance with 38 C.F.R. § 4.16(b).

The Board has ordered a remand due to the inadequacy of the May 2008 VA medical opinion and the need for additional examination. The Veteran's claim will be reconsidered after obtaining all relevant VA treatment records.

The Board has remanded the case for additional development, including obtaining a VA examination and etiological opinion to determine the etiology of the Veteran's lower back disability. The issues include service connection for the lower back disability and whether the service-connected bilateral knee disability has aggravated the current lower back disability.

The Board found that the Veteran's lumbar spine disorder was not incurred in or aggravated by service, and may not be presumed to have been incurred during service. The preponderance of the lay and medical evidence shows that the Veteran's lumbar spine disorder is not related to service or an incident of service origin.

The Veteran's degenerative disc disease, multiple herniated discs, and residuals of L3-L4, L4-L5, and L5-S1 decompression laminectomy was not manifested by unfavorable ankylosis or incapacitating episodes during the period prior to August 27, 2007. Therefore, a rating in excess of 20 percent is denied.

The Veteran's claims for increased evaluations of his lumbar spine, cervical spine, and bilateral knee disabilities are being remanded due to the need for additional development.

The Veteran's lumbar strain and left leg paresthesias were found to not warrant ratings higher than the current 40 percent for lumbar strain and 20 percent for left leg paresthesias.

The Board found that the Veteran's low back and left knee disabilities did not have their onset in service, were not otherwise related to service, and are not proximately due or aggravated by his service-connected right knee disability. As a result, the claims for service connection for these conditions were denied.

The Veteran's service-connected herniated nucleus pulposus with lumbosacral strain has been rated at 20 percent since October 1, 2005. The current physical examination findings do not meet the criteria for a higher rating as her forward flexion is zero to 45 degrees and there is no evidence of favorable ankylosis.

The Veteran is granted a 10 percent rating for his lumbar spine disability prior to March 6, 2015. The appeal regarding service connection for neurologic abnormalities was denied.

The Veteran's claims for service connection for foot calluses and residuals of a back injury have been reopened, but the evidence does not support the grant of service connection for either condition.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbar spondylosis with DDD and consideration of his TDIU claim. The SSA records are also requested.

The Veteran withdrew his appeal of the initial ratings assigned for degenerative disc disease of the cervical spine, traumatic brain injury, and a right ear tympanic membrane in a January 2017 written statement.

The Board has determined that the Veteran does not have a current diagnosis of COPD, asbestosis, or a back disorder. The evidence received since the March 2010 rating decision is insufficient to reopen the claims for service connection for these conditions.