Back / lumbar spine decisions — 2018

The Veteran's lumbar spine condition is rated at 20 percent prior to May 12, 2014 and at 40 percent thereafter. The right foot gout and TDIU issues are granted.

The Veteran was found to be in need of regular aid and attendance due to service-connected disabilities, including bilateral knee pain and arthritis. His combined service-connected rating was 90 percent, effective October 31, 2011.

The Board found that the Veteran's low back disorder did not have its onset in service and is not otherwise related to active service. The claim for bladder cancer was also denied as there was no evidence linking it to herbicide exposure, jet fuel/diesel fuel or gasoline exposure.

The Board has determined that the Veteran's congenital L5/S1 transitional vertebrae defect was subject to a superimposed disease or injury during military service, resulting in lumbar stenosis, lumbar degenerative disc disease, lumbar spondylosis with foraminal stenosis, thoracic spondylosis, and thoracic degenerative disc disease. As such, the Veteran's spine disorders are related to his service.

The Veteran's appeal has been withdrawn due to his satisfaction with the decision granting service connection for a psychiatric disorder and assigning a 50 percent rating.

The Veteran is granted a 40 percent disability rating for residuals of prostate cancer from September 1, 2011. The appeal for higher ratings and TDIU are denied.

The Board found that the Veteran's abdominal aortic aneurysm and lumbar spine DJD are not related to his military service, thus denying both claims.

The Veteran was granted a 10 percent evaluation for his lumbosacral disc disease from October 19, 2011 to May 2, 2014.,Since May 2, 2014, the Veteran has been rated at 10 percent for this condition. The Board found that a higher evaluation is not warranted during this period.,Effective August 4, 2015, the Veteran was granted a 40 percent evaluation for his lumbosacral disc disease.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected lumbar spine disability, finding that the evidence did not meet the criteria for higher ratings based on limitation of motion or other functional impairment.

The Board found no evidence of a current diagnosis of a low back disorder or chest pain prior to the filing of the claim, and thus denied service connection for these conditions.

The Veteran's claim for increased disability ratings for lumbosacral strain and right shoulder strain was granted, with effective dates set at August 23, 2016.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical opinions regarding the etiology of his low back and hip disabilities. The case will be returned to the AOJ for further action.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's thoracolumbar spine disability, as his lay statements suggest marked interference with employment due to this condition. The Veteran is also requested to detail the functional impairment and range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing.

The Veteran's back disorder and bilateral lower extremity nerve disorders have been evaluated based on their current severity. The Board has determined that the evidence does not support a higher rating for either condition.

The Board found no evidence of a back injury or condition during service, and the Veteran's current low back disability is not related to his active duty.,There was no documented neck injury or condition in service. The VA examiner concluded that the Veteran's current neck condition is less likely than not caused by military service.

The Board has determined that the preponderance of evidence is against finding a link between the Veteran's current sinusitis, bronchitis and low back disability with his military service. The claim for bilateral hearing loss was not addressed in this decision.

The Veteran's lumbar spine disability is rated at 40 percent, which is the maximum schedular rating available. The Board denied a higher rating as there was no evidence of ankylosis or incapacitating episodes that would warrant a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's combined ratings do not meet the percentage requirements for TDIU, and his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection and increased ratings were denied. The Board found that new and material evidence had not been received to reopen the cervical spine disability and bilateral upper extremity radiculopathy claims, and that there was no evidence of a nexus between the disabilities and service or a service-connected disability.

The Board denied the Veteran's claim for a disability rating in excess of 20 percent for his degenerative disc disease (DDD) of the lumbar spine with a history of shell fragment wound to Muscle Group (MG) XX.