Back / lumbar spine decisions — 2018

The Board denied the Veteran's claims for service connection for a back disability, hepatitis C, and an acquired psychiatric disorder (including PTSD and major depressive disorder). The decision found that new evidence did not establish a nexus to service in some cases.

The Veteran's appeal is being remanded for additional development to determine the etiology of his current disabilities and whether they are related to service.

The appellant's service-connected disabilities, including myofascial pain syndrome of the lumbar spine, migraine headaches with syncopal episodes, left foot plantar fasciitis, hypertension, and right foot plantar fasciitis, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these service-connected disabilities.

The Veteran withdrew her appeal for a rating in excess of 10 percent for lumbar degenerative disc disease and lumbar levoscoliosis.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess the severity of his bilateral hearing loss and its functional effects. The issue of entitlement to TDIU has also been raised in this case.

The Board dismissed the appeal as the appellant withdrew his appeals for the issues of entitlement to an initial rating in excess of 10 percent for a low back disability prior to August 3, 2017, and in excess of 20 percent thereafter; TDIU; and earlier effective date for service connection for a low back disability. The appellant also withdrew his appeal regarding the issues of entitlement to an initial compensable rating for bilateral hearing loss and sinusitis.

The Board has determined that the Veteran's cervical spine spondylosis (status-post surgical fusion C3-T1) had its onset during service and is related to his military service. The low back disorder claim will be remanded for additional development.

The Veteran's back disability is found to be related to his active service, and thus service connection for a back disability is granted.

The Veteran's claims for increased ratings for chronic prostatitis and lumbar spine DJD were denied as the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has remanded the claims for additional development due to inadequate medical opinions regarding the etiology of the Veteran's psychiatric, low back, and left knee disabilities. The case is now before the AOJ for further review.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to July 30, 2014.

The Veteran's DDD of the lumbar spine is currently rated at 20 percent effective May 11, 2017. His L5-S1 right lower extremity radiculopathy remains rated at 10 percent.

The Veteran's low back condition, bilateral knee conditions, and muscle condition were not shown to be related to his period of honorable active duty service.,There is no evidence of a current disability for hypertension or an acquired psychiatric disorder (including PTSD).

The Board has determined that the Veteran's current cervical spine disability is related to his in-service injury, and service connection for this condition is granted.

The Veteran's lumbosacral strain was found to be manifested by flexion limited to no worse than 60 degrees with muscle spasms that cause an abnormal gait from May 1, 2014. The criteria for a higher rating were not met.

The Veteran's appeal for a sleep disorder other than sleep apnea was denied as he does not have such a condition. The claim for TDIU based on service-connected disabilities was also denied due to the Veteran's inability to secure or follow substantially gainful employment.

The Board has remanded the case due to conflicting medical opinions and a need for further examination. The Veteran's low back disability is being reviewed again to determine its etiology.

The Veteran's service-connected lumbosacral strain, postoperative L5 laminectomy and disc replacement disability has led to the loss or loss of use of one lower extremity (left) together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, the Veteran is entitled to specially adapted housing.

The Veteran is granted SMC at the maximum rate (SMC(r)(1)) due to service-connected disabilities, including loss of use of all extremities and need for regular aid and attendance.

The Board has determined that the Veteran's current back disability is not related to his military service and therefore denied his claim for service connection.