Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's lumbar spine and right hip disabilities are service-connected, as they are related to her active military service.

The Veteran's hypertension is not service connected as there is no evidence of its onset within one year after service discharge and the medical opinions do not support a finding that it was caused or aggravated by service or a service-connected disability.

The Board has determined that the Veteran's low back condition is related to his service, and thus grants service connection for degenerative arthritis of the lumbosacral spine.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from April 16, 2003. The Board finds that the evidence is at least in relative equipoise as to whether his service-connected disabilities alone precluded him from securing and following substantially gainful employment on an extraschedular basis effective April 16, 2003.

The Veteran's postoperative hemilaminectomy and laminectomy, low back, was rated at 20% prior to March 28, 2012, and at 60% from that date onwards.,Right lower extremity neuropathy was rated at 40% prior to March 28, 2012. Since then, the Veteran's condition has been rated at 40%.,Left lower extremity neuropathy has also been rated at 40% since March 28, 2012.,The Veteran's left shoulder arthritis was initially rated at 20%, and this rating remains unchanged.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to June 11, 2015. The Board found that the preponderance of evidence was against a finding that it is at least as likely as not that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's low back disability is related to his time in service and grants his claim for service connection.

The Veteran's cervical spine disability is rated at 30 percent, effective January 1, 2009. The initial ratings for his left and right upper extremity radiculopathy are also part of this claim.

The Veteran's low back disability was found to have limited flexion, with a range of motion from 60 degrees or more. The claim for an increased rating is denied as the current evaluation adequately reflects the severity of his condition.

The Board has determined that the Veteran's cervical spine and lumbar spine disabilities are service-connected as they originated during his active military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations.

The Veteran's service-connected cervical spine disability is rated at 20 percent, and the Board found that it does not warrant a higher rating based on additional limitation of motion or other factors. The claims for bilateral shoulder, hip, knee disabilities, and right lower extremity peripheral neuropathy were denied as they are not proximately due to or aggravated by service-connected conditions.

The Veteran's claims for increased ratings are being remanded to obtain updated VA examinations and treatment records, as the current information in the file is outdated.

The Veteran's appeal is being remanded due to the need for additional examinations and opinions regarding his service-connected left knee disability, as well as the relationships between his various disabilities. The claims are also inextricably intertwined with TDIU and DEA.

The Board has reopened the claims of service connection for low back disability and bilateral carpal tunnel syndrome, finding new and material evidence. Service connection is granted on a secondary basis to the left ankle disability.

The Veteran's claims are being remanded for additional development, including a new VA examination for his lumbosacral spine traumatic arthritis and an SOC regarding the restoration of a 10 percent rating for osteoarthritis of the right thumb.

The Board has determined that further development is needed to consider the Veteran's service connection claim for thoracolumbar degenerative disc disease, including consideration of his military history and any potential aggravation or causation during service. The case is being remanded for additional examination and review.

The Veteran claims that her current low back disorder/IVDS is related to service, specifically an inservice motor vehicle accident. The VA examiner found the condition unrelated to service. However, additional development and examination are needed to determine if there is a link between the Veteran's current condition and service.

The Veteran's PTSD is rated at 70 percent, effective February 10, 2010. The Board granted a rating of 100 percent for PTSD, effective the same date, and dismissed the TDIU claim as moot due to the grant of a 100 percent rating.

The Veteran's cervical and lumbar spine disabilities have been rated at 10 percent, but the evidence does not support a higher rating for either condition.