Back / lumbar spine decisions — 2017

The Board found no evidence linking the Veteran's current back disability to his military service and denied his claim.

The Veteran's IBS and lumbar strain with minimal scoliosis were denied extraschedular disability ratings. The Veteran was granted a total disability rating based on individual unemployability prior to November 11, 2015.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, effective from the date of the claim. The rating reflects limitation of motion with forward flexion to 40 degrees and no evidence of ankylosis or favorable ankylosis.

The Veteran's appeal is being remanded due to the need for further development and consideration of his claims, including whether separate ratings are warranted for neurologic manifestations of IVDS and/or whether a higher alternate rating is warranted under the Formula for IVDS Based on Incapacitating Episodes.

The Board found that the Veteran's current bilateral knee, back, and neck disabilities are not related to service. The evidence does not support a finding of in-service injury or disease for these conditions.

The Veteran's lumbosacral strain has been rated at 40 percent since April 18, 2007. The rating is based on the limitation of motion and associated symptoms such as pain, weakness, and guarding.

The Veteran's appeal primarily concerns ratings for various service-connected disabilities, including PTSD, GERD, neck and low back disabilities, radiculopathies, acne scarring, circumcision residuals, and chicken pox. The Board has determined that the Veteran is entitled to increased ratings in some cases but not others.

The Board has determined that the Veteran's back disability had its onset during his period of active service and is related to it. The left knee issue remains pending as an examination is needed.

The Veteran meets the schedular requirements for TDIU from February 9, 2004; his service-connected disabilities rendered him unemployable.

The Board has determined that the Veteran does not meet the criteria for service connection for a right knee condition, low back condition, or loss of use of the left foot with foot drop. The evidence does not show current disabilities in any of these conditions and there is no medical nexus linking them to active duty.

The Veteran's appeal for a higher rating for his degenerative arthritis and lumbar intervertebral disc disease has been dismissed as he withdrew the issue before the Board could make a decision.

The Veteran's appeal is being remanded for additional development, including obtaining new VA examinations to assess the severity of his service-connected lumbar strain with degenerative disc disease, right hip strain with degenerative joint disease, and right knee degenerative arthritis.

The Veteran's lumbar spine disability is rated at 20 percent prior to September 29, 2016 and at 40 percent thereafter. His left shoulder disability was rated at 20 percent prior to September 29, 2016 and at 30 percent thereafter for carpal tunnel syndrome of the left wrist. The Veteran's claims were denied as his conditions did not warrant higher ratings under the applicable rating criteria.

The Veteran's claim for an increased rating for her service-connected low back pain with muscle spasm is being remanded due to the need for additional examinations and development.

The Board has determined that the Veteran's back disorder, erectile dysfunction, and PTSD are not related to his service. The claim for TDIU prior to December 16, 2014 is also denied.

The Veteran's claim for a rating in excess of 40 percent for lumbar spine disability with separate ratings for radiculopathy of each lower extremity from December 3, 2014 was denied. The Board found that the evidence did not support a higher rating based on incapacitating episodes or unfavorable ankylosis.,The Veteran's claim for TDIU due to service-connected lumbar spine disability was also denied. The Board found that the evidence did not meet the criteria for entitlement to TDIU.

The Veteran's claim of entitlement to an increased rating for his lumbar degenerative disease is being remanded due to the need for additional development, including a new VA examination and updated treatment records.

The Board is remanding the case for further development, including obtaining terminal hospital records and determining whether substitution or accrued benefits claims are appropriate. The cause of death claim will also be readjudicated.

The Board has granted service connection for left lower extremity radiculopathy secondary to lumbosacral strain and assigned a 10 percent rating effective May 21, 2015. The Veteran's claim for an earlier effective date is also granted.

The Board found no evidence of a current neck disability that is related to service or the Veteran's left hip disability. The claim for service connection was denied.