Back / lumbar spine decisions — 2018

The Board has granted service connection for an acquired psychiatric disorder, to include PTSD, due to personal assault during service.

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

The Veteran's low back disability, which was initially rated at 20 percent and later increased to 40 percent, is not found to warrant a higher rating prior to April 27, 2015 and from July 1, 2015 forward.

The Veteran's low back disability is currently rated at 10 percent and his neck disability is also rated at 10 percent. The Veteran was granted a temporary total rating for convalescence following surgery on his service-connected low back disability, but the issues of increased ratings remain unresolved.

The Veteran has withdrawn his appeals for increased ratings for lumbosacral spine disability and a higher initial rating for left lower extremity radiculopathy, thus the issues are dismissed.

The Board has restored the Veteran's 40 percent disability rating for his service-connected back disability, effective June 27, 2013. The reduction from 40 to 20 percent was improper due to insufficient consideration of all evidence and failure to determine if there was material improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's cervical strain with degenerative disc disease and disc narrowing including neck condition was not manifested by forward flexion limited to 15 degrees or less, by favorable ankylosis at any time, or by evidence of incapacitating episodes having a total duration of at least four weeks but less than six weeks in any twelve month period since December 11, 2008. As such, the Veteran's cervical strain with degenerative disc disease and disc narrowing including neck condition does not meet the criteria for a disability rating higher than 20 percent.

The Veteran has withdrawn his appeals for service connection of right ankle and low back disabilities, as well as seeking increased ratings for fibromyalgia and reactive airway disease. The Board is dismissing these matters.

The Board has vacated the portion of the August 2017 Board decision denying service connection for a back disorder and reviews the claim de novo. The Veteran is not entitled to service connection for a back disorder as there is no medical nexus between an in-service incurrence and a current disability, nor does the evidence show continuity since separation from service.

The Board has decided to remand the claims due to the need for additional medical etiology opinions and the potential existence of outstanding VA records.

The Board denied the Veteran's claims for service connection for a left hip disorder and an increased rating for his lumbar spine disability, finding that there was no evidence of a chronic condition in service or within one year after service, and that any current conditions were not due to or aggravated by his service-connected lumbar spine disability.

The Veteran's claim for special monthly pension based on housebound status is denied as he does not meet the regulatory requirements for housebound benefits and does not substantially confine him to his dwelling or immediate premises.

The Veteran's claims for increased ratings for his cervical and lumbar spine disabilities, as well as the propriety of separate ratings for RUE and RLE radiculopathy and surgical scars are being remanded due to the need for additional development.

The Veteran's thoracolumbosacral strain has not been manifested by forward thoracolumbar flexion less than 61 degrees; or, by a combined range of thoracolumbar motion less than 121 degrees; or by muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Therefore, the Veteran's claim for higher evaluation is denied.

The Veteran's lumbar spine disability was not incurred in or aggravated by service, and the Board denied service connection for a cervical spine disability.

The Veteran's lumbar spine disability was not productive of flexion to 60 degrees or less, a combined range of motion of the thoracolumbar spine to 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. The bilateral knees have not demonstrated flexion limited to 30 degrees or extension limited to 10 degrees.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current disability of bilateral hearing loss, and the criteria for a higher rating for thoracolumbar spine strain, cervical strain, left wrist strain, and hemorrhoids were not met.

The Board has remanded the case due to insufficient evidence regarding the onset of the Veteran's right shoulder and lumbar spine disabilities during service, requiring further examination and medical opinion.

The Board has remanded the case for further development due to incomplete medical records and a need for another opinion from a VA physician.

The Veteran's claims for increased ratings for cervical spine degenerative disc disease and right upper extremity radiculopathy were denied as her conditions did not meet the criteria for a higher disability rating.