Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims of service connection for ischemic heart disease, diabetes mellitus, low back disorder, right knee disorder, and left knee disorder due to a lack of evidence showing direct exposure to herbicides during active duty service. The conditions were not found to be related to service or to any in-service event including exposure to herbicides.

The Veteran's claims for service connection for neurological disabilities of the right and left lower extremities, as well as a higher rating for his lumbar spine disability, and TDIU were denied. The denial was based on lack of evidence supporting these claims.

The Veteran's claim for a higher initial schedular rating, extraschedular rating, and TDIU prior to December 9, 2016 was granted. The highest possible rating of 40% under the old criteria for intervertebral disc syndrome with neurological impairment is assigned.

The Veteran requested to withdraw his appeal regarding the initial disability rating for degenerative disc disease of the lumbar spine.

The Board has reopened the claim of service connection for migraine headaches and upper back condition due to new evidence submitted since the last final denial. However, the claims are denied on their merits as there is no current diagnosis of migraine headaches.

The Board found that the preponderance of evidence is against a finding that left or right hip disorders are due to or aggravated by the service-connected left knee disability. The Veteran's lumbar spine disorder was not shown to be directly related to his active service.

The Veteran's DJD of the lumbar spine is currently rated as 20 percent disabling, but a TDIU has not been granted due to his service-connected disabilities not meeting the criteria for a total disability rating.

The Board has remanded the case for further development, including obtaining VA treatment records and readjudicating the claims. The Veteran's appeal is currently pending.

The Veteran's right knee disability was rated at 20 percent from January 30, 2009 to October 17, 2014.,A higher rating is not warranted for the period of appeal.

The Board has granted service connection for a low back disability, bilateral pes planus, and PTSD. The Veteran's claims are now resolved in his favor.

The Veteran meets the schedular criteria for TDIU consideration and his service-connected disabilities prevent him from maintaining substantially gainful employment.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claims of service connection for a lung disorder and lumbar spine disability are being reviewed.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine and associated left L5-S1 radiculopathy do not meet the criteria for a higher disability rating under the applicable VA rating criteria.

The Veteran has withdrawn their appeal on all issues currently before the Board.

The Board has remanded the case for additional development, including an examination to ascertain the etiology of the Veteran's current low back disability and readjudication.

The Board has determined that the Veteran's low back condition, diagnosed as lumbar spine strain with sciatica, is related to service and granted her claim for service connection.

The Board has remanded the Veteran's claims for service connection for peripheral neuropathy of the right and left lower extremities, as well as a lumbar spine disorder. The Veteran is also seeking an initial compensable rating for bilateral hearing loss.

The Veteran's claims for lumbar spine disorder, bilateral leg disorder (as secondary to lumbar spine disorder), syncopal attacks, and dizziness have been granted.,Service connection has also been granted for mitral valve prolapse with syncope and dizziness.

The Veteran's service-connected degenerative disc disease of the lumbar spine has not shown forward flexion limited to 30 degrees or less, favorable ankylosis, nor incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during a 12-month period. As such, he is not entitled to a disability rating in excess of 20 percent.

The Board denied separate ratings for objective neurological abnormalities associated with service-connected low back disability and also denied the claim for TDIU. The Veteran's appeal is remanded to obtain updated treatment records, schedule a VA examination to assess the functional impact of his service-connected low back strain on his ability to engage in substantially gainful work, and readjudicate the claims.