Back / lumbar spine decisions — 2018

The Board has determined that new and material evidence has been received to reopen the Veteran's service connection claims for a back disability, an acquired psychiatric disorder, and the residuals of a stroke. The Veteran's current disabilities are found to be related to in-service injuries.

The Board found that the Veteran's lumbar strain and associated radiculopathy did not meet or approximate the criteria for a higher evaluation, with no incapacitating episodes reported.

The Veteran's paroxysmal atrial fibrillation is currently rated at 10 percent, but the Board finds that a higher rating is not warranted.,For her low back disability, the evidence does not support service connection as it was noted prior to service entrance and not aggravated by service.

The Veteran's headaches were rated at 30 percent prior to December 15, 2016 and 50 percent thereafter. The current rating is not higher.,The Veteran's back disability was rated at 20 percent prior to December 15, 2016 and 40 percent thereafter. The current rating is not higher.,The Veteran's right ulnar nerve condition was rated at 10 percent. A higher rating is not warranted based on the evidence provided.,The Veteran's GERD was rated as noncompensable prior to December 15, 2016 and as 10 percent thereafter. The current rating is not higher.

The Veteran's claim for service connection for thoracic neuritis at T6-T7 was denied. The initial rating of 20% for the lumbar spine disability has been granted, but a higher evaluation is not warranted.,A separate 10% evaluation for radiating neurological manifestations into the right lower extremity and left lower extremity has also been granted.

The Veteran's service-connected disabilities have precluded him from securing and following a substantially gainful occupation since September 16, 2008.

The Board found that there is no persuasive evidence showing that the Veteran's service-connected disabilities preclude him from light physical work and sedentary work, thus denying his claim for a total disability rating based on individual unemployability.

The Veteran's current sleep apnea was not manifest in service and is unrelated to service. The Board found no evidence of a nexus between the Veteran's current low back disability, right knee disability, or left knee degenerative arthritis and his active duty service.,The Veteran's current obstructive sleep apnea disorder is not related to his service-connected left knee disability.

The Veteran's lumbosacral strain and related conditions do not warrant a higher rating, and his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board denied an extraschedular evaluation for a lumbar spine disability prior to March 31, 2012, or for the combined effects of the Veteran's service-connected disabilities.

The Board has remanded the claims for service connection due to non-compliance with previous remands. The appellant and her representative will be provided a supplemental statement of the case.

The Board has remanded the case to the AOJ for additional development and adjudication due to incomplete medical opinions, need for clarification of service dates, and need for additional information regarding motor vehicle accidents.

The Veteran's right knee instability is currently rated at 10 percent, effective May 5, 2017. The Board finds that the Veteran met the criteria for a rating of 10 percent under DC 5257 for lateral instability prior to May 5, 2017.

The Veteran's service-connected cervical spine disability is not manifested by forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees, or a combined range of motion not greater than 170 degrees. Therefore, an initial evaluation greater than 10 percent is denied.

The Veteran's lumbar strain was rated at 20% from April 8, 2011 to December 12, 2012 and restored to 40%. From January 1, 2014, the Veteran is rated at 40% for his lumbar strain.

The Board has determined that the Veteran's low back disability is not related to his military service or a service-connected left knee disability, and thus cannot be granted service connection.

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

The Board has remanded the claims for service connection for multilevel lumbar spondylosis and degenerative disc disease, left shoulder rotator cuff tear and impingement with acromioclavicular arthritis, and right shoulder rotator cuff tear and impingement with acromioclavicular arthritis due to a lack of VA examination.

The Board has granted service connection for the Veteran's thoracolumbar spine condition, finding that it is related to an in-service injury. The Veteran's current diagnosis of a low back disability is considered to be caused by or a result of his assault to his back while serving in the Marine Corps.

The Board has remanded the issues of degenerative disc disease of the lumbosacral spine with disc protrusion L3-4 and degenerative disc and osteoarthritis of the cervical spine with herniated nucleus pulposus for additional development, including obtaining medical records and scheduling a VA examination.