Back / lumbar spine decisions — 2018

The Board found that the Veteran's lumbar spine disability was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability. The pinched nerve disability claim has been remanded for further examination.

The Veteran's claims for increased ratings and TDIU were granted, with the initial rating of 40 percent assigned for residuals of a compression fracture of the T-12 with osteoarthritis as of January 13, 2017. The radiculopathy claim was also granted.

The Veteran's claims for increased ratings for his service-connected DDD of the lumbar spine, left lower extremity radiculopathy, and PTSD were denied. The Veteran's DDD of the lumbar spine is currently rated at 10 percent disabling, while his left lower extremity radiculopathy is separately rated as 10 percent disabling. His left knee sprain/strain with chondromalacia is rated at 20 percent and PTSD is rated at 30 percent.

The Veteran's initial claim for a higher rating for his thoracolumbar spine disability was denied by the Board in May 2017, and he appealed to the Court of Appeals for Veterans Claims (CAVC). The CAVC remanded the case back to the Board for further development.,In June 2017, a VA examination showed that the Veteran's thoracolumbar spine disability had worsened such that it warranted an increased rating. However, the Board denied the claim as of June 27, 2017.

The Veteran's TDIU claim is granted with an effective date of April 29, 2010. The increase in severity occurred more than one year prior to his April 29, 2010 claim.

The Board has determined that the Veteran's low back and neck disabilities are not service-connected as they were not incurred or aggravated during his military service.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are related to his in-service injury, with continuity of symptoms since service separation. As such, these conditions meet the criteria for presumptive service connection.

The Veteran's PTSD is rated at 100% due to total occupational and social impairment. Service connection for hypertension, cardiovascular disability (Congestive Heart Failure), and lumbar spine disability are denied as not related to service or a service-connected condition.

The Board has denied the Veteran's claims of service connection for gout, CVA with right hemiparesis, and migraine headaches as secondary to hypertension. The Board found that there is no evidence linking these conditions to his active duty service.

The Board found that the Veteran did not sustain a laceration injury to his left index finger during service and did not develop a chronic back disability during service. As such, he was denied service connection for both conditions.

The Veteran's service-connected low back disorder has not resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, or combined range of motion of the thoracolumbar spine not greater than 120 degrees; more than mild limitation of motion is not shown. The Veteran's low back disorder has also not resulted in forward flexion of the cervical spine 15 degrees or less, or favorable ankylosis of the entire cervical spine.

The Veteran's claim for an initial rating in excess of 10 percent for a lumbar spine disability and entitlement to a total disability rating based on individual unemployability (TDIU) due to a service-connected disability is remanded for additional development. The issue of TDIU was raised but not properly addressed.

The Board has dismissed the Veteran's claims for service connection for back condition and neuropathy due to his attorney requesting withdrawal of these claims prior to a decision. The Veteran's right and left feet are rated at 40 percent each under the criteria for loss of use of the foot.

The Board has determined that the Veteran's lumbar spine condition, specifically lumbar degenerative disc disease status post discectomy at L5-S1, is secondary to his service-connected cervical laminectomy and therefore grants service connection for this condition.

The Board denied the Veteran's claims for service connection for a lumbar spine disability and an increased rating for his left hip femur trochanter fracture, finding that there was no evidence of a nexus between these conditions and service. The Veteran's current disabilities are considered to be due to natural progression or age-related changes.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's cervical spine disability and his military service. The Veteran is required to undergo a VA examination to assess whether there is a causal link between his current disability and his in-service period.

The Veteran's lumbar spine disability was granted a 20 percent rating prior to June 5, 2015. From June 5, 2015, the Veteran received a 40 percent rating for his lumbar spine disability.

The Veteran's death was not service-connected, but he had a total disability rating due to his service-connected disabilities. The claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 is denied because the Veteran did not meet the criteria of having a service-connected disability rated as totally disabling for at least 10 years immediately preceding death.

The Board denied service connection for a low back condition as there was no evidence of arthritis to a compensable degree within one year of discharge, and the Veteran's current condition is not related to his military service.

The Veteran's claims for service connection have been reopened, and the Board has found that new evidence supports reopening of his cervical spine condition claim. However, the Board denied service connection for both the cervical spine condition and DDD of the lumbar spine as there is no credible evidence linking these conditions to service or any presumptive period.