Back / lumbar spine decisions — 2017

The Veteran's service-connected disabilities, including PTSD, IBS, gout, tinnitus, lumbar spine disc disease, and a right shoulder disability, have led to significant employment challenges. The proposed vocational rehabilitation plan does not include obtaining a Master’s Degree as it is deemed not reasonably feasible given the Veteran's current circumstances.

The Veteran's claims for increased ratings and reopening of service connection were denied. The left knee disability was rated at 10 percent, with no higher rating possible due to flexion limitation. A separate 10 percent rating was granted for instability. Service connection for right knee disorder and low back disorder could not be reopened based on the evidence.

The Board has determined that the Veteran's current lumbar spine disability, diagnosed as degenerative disc disease with spondylosis, is related to his active duty service and grants entitlement to service connection.

The Board found that the Veteran's current low back disability is not related to service and denied his claim for service connection.

The Board found that the Veteran's lumbar spine disability, radiculopathy of the right and left lower extremities, and hip disabilities did not manifest in service or within one year following separation from service.,Service connection was denied for all claimed conditions as they are not shown to be related to service.

The Board found that there is no competent medical evidence showing the Veteran has a lumbar spine disorder related to service or his service-connected bilateral knee disability. The claim for service connection for post-operative residuals of lumbar spine disorder was denied.

The Board found that the Veteran's degenerative lumbosacral spondylosis was not caused or aggravated by his service-connected lumbosacral strain.,The Board also determined that there is no evidence of bilateral lower extremity radiculopathy related to, or aggravated by, active service.

The Veteran's appeal was withdrawn regarding several issues, including service connection for various conditions. The current ratings for bilateral pes planus and hearing loss are denied as they do not meet the criteria for a higher rating.

The Board has remanded the case for further efforts to obtain VA treatment records from 1979-1982, including those at a Tuskegee VAMC. The Veteran's claims for service connection for back disability and depression remain under consideration.

The Board has remanded the appeal for additional development due to inadequate VA examinations and failure to address functional loss during flare-ups.

The Board has determined that the Veteran's current low back disability is related to his in-service motor vehicle accident, and thus service connection for this condition is granted.

The Veteran's lumbosacral strain, degenerative disc disease, and intervertebral disc syndrome of the lumbar spine is currently rated at 20 percent. The separate ratings for radiculopathy of the right and left lower extremities are also in place. However, the claim for a TDIU prior to August 16, 2010, or solely due to service-connected lumbosacral strain, degenerative disc disease, and intervertebral disc syndrome of the lumbar spine, with associated radiculopathy of the bilateral lower extremities, prior to January 21, 2014, has been denied.

The Board has granted initial ratings of 10 percent for the Veteran's service-connected lumbar spine disability and right forearm tendonitis and right elbow epicondylitis, effective January 1, 2009.

The Veteran's lumbar spine disability was rated at 10 percent prior to August 31, 2015 and increased to 20 percent thereafter. The Veteran is not entitled to a higher rating.

The Veteran's claims for extraschedular ratings were denied as the evidence did not show an exceptional or unusual disability picture that rendered the available schedular evaluations inadequate.

The Board has granted service connection for a back disorder and bilateral lower extremity radiculopathy as secondary to the back disability. Service connection was also granted for hearing loss, but not for the leg disorder.

The Board has determined that the Veteran's acquired psychiatric disorders are related to his military service, and his cervical spine disorder is not shown to be causally or etiologically related to any disease or injury during service.

The Board has determined that the Veteran's current lumbar spine disorder and acquired psychiatric disorder are not related to service, and thus denied his claims for service connection.

The Veteran's claim for service connection for a left leg disability other than radiculopathy (claimed as a left leg blood circulation condition) is denied.

The Veteran's lumbar spine disability is currently rated at 20 percent and his left shoulder disability is also rated at 20 percent. The Board found that neither condition warranted a higher rating based on the evidence of record.