Back / lumbar spine decisions — 2017

The Veteran's lumbar spine strain with levoscoliosis was reduced from a 20 percent rating to a 10 percent rating, effective September 26, 2009. The Board found the reduction improper and restored the original 20 percent rating.

The Board denied service connection for lumbar spine disorder and cervical spine disorder, finding that the Veteran's current conditions were not causally related to his military service or a service-connected disability.

The Board has dismissed the Veteran's claims of service connection for various conditions, including right foot disorder, left foot disorder, left hand disorder, right wrist disorder, left wrist disorder, right shoulder disorder, left shoulder disorder, right hip disorder, left hip disorder, neck disorder, eye disorder, lung disorder, and knee disorders. The Board found that the Veteran does not have a current diagnosis for these conditions.

The Board has determined that medical opinions are necessary to properly adjudicate the Veteran's claims for service connection of lumbar spine disorder, diverticulitis, and bilateral hip disorder. The case is REMANDED for these purposes.

The Veteran's claim for service connection for a lumbar spine disability was denied as he failed to report for a scheduled VA examination.

The Veteran's claim for TDIU is being remanded due to the need for additional examinations and development of his medical records.

The Veteran's initial ratings for cervical and lumbar spine disabilities were granted, with a 20% rating assigned for the cervical spine from March 1, 2007 to January 9, 2013. The Veteran's lumbar spine disability was rated at 20% from March 1, 2007 to January 9, 2013 and then increased to 40% from January 10, 2013 to June 8, 2017.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board finds that the Veteran's depressive disorder is proximately due to or the result of service-connected disease or injury, and his back disability was incurred in active military service. Therefore, both conditions are granted as secondary to service-connected disabilities.

The Veteran's claims for increased ratings for thoracolumbar degenerative joint and disc disease and right lumbar radiculopathy were denied as the evidence did not meet the criteria for a higher rating under VA regulations.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation at all times during the pendency of the appeal.

The Board denied the Veteran's claims for service connection for a lower gastrointestinal disorder other than IBS, an extraschedular rating in excess of 20 percent for his lumbar spine disability, and TDIU as of March 21, 2014. The evidence did not support these claims.

The Board has determined that the Veteran's current back disorder is not shown to be etiologically related to service or his service-connected bilateral knee osteoarthritis, and therefore denied the claim for service connection.

The Board has remanded the case for additional development, including obtaining VA and private treatment records. The Veteran's lumbar spine disability is being considered on its merits, but an addendum opinion from a different examiner is needed to address the continuity of symptomatology since service.

The Board has remanded the case due to insufficient examination findings and needs further development of the claims for service connection.

The Veteran's tinnitus and bilateral hearing loss are related to his military service, while the low back disorder and right shoulder disorder are not. The Board has granted service connection for these conditions.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Veteran's claim for a higher rating for his lumbar spine disability was denied as the evidence did not show that he had flexion of the thoracolumbar spine to 30 degrees or less, which is required for a higher rating under VA regulations.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for low back, right ankle, and left ankle disabilities. The preponderance of the evidence does not establish a direct relationship between these conditions and his military service.

The Veteran's appeal is being remanded due to the failure to obtain certain records and for additional examination.