Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's current low back disability, diagnosed as spondylolysis of L5, spondylolisthesis of L5-S1, and lumbar spondylosis, is related to service. The claim for service connection is granted.

The Board found that the current low back disorder is not related to service and did not result from or be aggravated by a service-connected condition.

The Veteran's low back disability and associated radiculopathies are currently rated at the highest available schedular rating, with separate ratings for each lower extremity. The appeal is denied as there is no evidence of unfavorable ankylosis or IVDS that would warrant a higher rating.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective from April 21, 2010. The Board finds that the evidence supports a higher evaluation prior to this date.

The Veteran's service connection claims for liver condition (Hepatitis C), heart condition, kidney condition, lung condition, back condition, brain damage, and emotional/behavioral problems have all been granted. The claim for meningitis remains denied.

The Board found no evidence to support service connection for the Veteran's low back disability or migraine headaches, as there was insufficient medical evidence linking these conditions to his military service.

The Veteran's claim for a rating in excess of 10 percent for DDD of the lumbar spine prior to May 12, 2014 was denied as there was not credible evidence of incapacitating episodes or physician-prescribed bedrest.

The Board has granted a 100 percent disability rating for PTSD and service connection for a back disability. The TDIU claim remains on appeal.

The Board has remanded the case due to inadequate statement of reasons or bases and failure to fulfill duty to assist. The Veteran seeks service connection for a low back disorder, which he claims is related to parachuting while on jump status during active duty service.

The Veteran's claim for a rating in excess of 20 percent prior to October 16, 2013 for degenerative disc disease of the low back with loss of motion was denied. The Board granted an increased rating of 40 percent effective from April 13, 2006.

The Veteran's chronic low back syndrome and right and left lower extremity lumbar radiculopathies are not currently rated higher than the current assigned ratings.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's low back disorder is not characterized by incapacitating episodes having a total duration of at least six weeks during a 12 month period or ankylosis of the entire thoracolumbar spine from August 2, 2012. Therefore, his claim for an initial evaluation in excess of 40 percent for low back disorder prior to August 2, 2012 is denied.

The Veteran's service-connected disabilities, in and of themselves, do not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case for additional development due to inadequate medical examination regarding secondary service connection.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has determined that the evidence is in equipoise as to whether the Veteran's low back disability was incurred during service. As a result, the claim for service connection is granted.

The Veteran's claim for service connection for bilateral hearing loss has been denied as his current hearing levels do not meet the criteria for a disability under VA regulations. The Board finds that he does not have a current hearing loss disability for VA purposes.

The Veteran's obstructive sleep apnea, left hand disability (including De Quervain's syndrome and ulnar entrapment neuropathy), and back disability are all found to be service-connected as they were caused by his service-connected right wrist and carpal tunnel disabilities.

The Veteran's appeal has been withdrawn due to his request for withdrawal prior to the Board's decision.