Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, as well as new examinations to assess the current severity of his lumbar spine, right lower extremity radiculopathy, right plantar fasciitis, and eye disabilities.

The Veteran's claim for a higher rating for low back strain with sciatic pain is being remanded due to the need for updated VA and private treatment records, as well as an updated examination.

The Veteran's claim for specially adapted housing was denied as he does not meet the legal criteria for eligibility due to his service-connected disabilities, which do not include a permanent and total disability.

The Board has determined that the Veteran's tinnitus, degenerative arthritis of the lumbar spine, and left ear hearing loss are all service-connected. The tinnitus is presumed to have been incurred during active duty due to noise exposure. The degenerative arthritis of the lumbar spine is considered a chronic condition that became manifest within one year of separation from active duty. The left ear hearing loss is not service connected as it did not become manifest within one year of separation and there is no evidence of aggravation by service.

The Board has determined that the Veteran's low back disability, including bone spurs of the thoracic spine and degenerative disc disease of the lumbar spine, is not caused by or a result of his in-service coccyx fracture.

The Board has remanded the case for additional development, including a new VA examination and opinion regarding the Veteran's low back disability. The appeal is currently in remand status.

The Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, which are found to be unemployable.

The Board denied reopening the claims for service connection for diabetes mellitus type II, hypertension, and thyroid disorder. The Veteran's PTSD claim was also addressed.

The Board denied service connection for cervical and thoracolumbar spine disabilities, finding that the current conditions are not causally related to active service.

The Veteran's claim for increased ratings and TDIU was denied. The Board found that the evidence did not meet the criteria for a higher rating or TDIU.

The Veteran's initial claim for a higher rating for his degenerative disc disease of the lumbosacral spine was granted, with an effective date of April 19, 2016.,Since December 2, 2013, the Veteran has been assigned a 20 percent disability rating for his degenerative disc disease of the lumbosacral spine.

The Veteran's lumbar spine disability is rated at the highest level allowed under the rating criteria based on limitation of motion, and no higher. The claim for a TDIU remains pending.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 40 percent, effective February 4, 2009. He also has a 10 percent rating for right lower extremity radiculopathy and a 20 percent rating for left lower extremity radiculopathy.

The Veteran's left knee, back, and neck disabilities were not shown to be related to his service-connected foot disability or incurred during service. The Board finds that the preponderance of evidence is against these claims.

The Veteran's lumbosacral spine disability is currently rated as 10 percent disabling, reflecting slight limitation of motion. The Board finds that the evidence does not support a higher rating at any point during the appeal period.

The Veteran's lumbosacral strain and associated left lower extremity radiculopathy were evaluated at a 20% rating prior to July 5, 2011.

The Veteran's service-connected L5-S1 degenerative disc disease (DDD) does not meet the criteria for a higher rating than 40 percent, as there is no evidence of ankylosis or associated neurological abnormalities.

The Veteran's appeal is remanded to the AOJ for additional development, including a VA examination and consideration of extraschedular considerations.

The Veteran is permanently and totally disabled due to service-connected disabilities, including low back disability, bilateral knee instability, right shoulder tendonitis, pelvic disorders involving the hips, left and right lower extremity sensory deficits. The Veteran's total disability rating precludes locomotion without the aid of braces and canes, meeting the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing.

The Board has determined that the Veteran's lumbar spine disability is not etiologically related to his active service and was not caused by or permanently worsened by a service-connected disability. The claim for service connection is therefore denied.