Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's lumbar spine, bilateral foot, bilateral knee, and bilateral shoulder disorders are not related to service. The eye disorder is not currently diagnosed.

The Board has ordered additional development for the Veteran's claims, including VA examinations to address his cervical spine, right hand, lumbar spine, left lower extremity radiculopathy, and acquired psychiatric disorder (PTSD) claims. The Veteran will be provided with a comprehensive examination to determine the nature and etiology of these conditions.

The Veteran's claim for an increased rating of his left shoulder disability was denied. The current rating of 20 percent is maintained as the evidence does not show that the Veteran's shoulder motion has been limited to a level warranting a higher rating.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the entire appeal period stemming from his January 30, 2008 claim.

The Board found that the Appellant's pre-existing scoliosis did not worsen during his periods of ACDUTRA and INACDUTRA, thus denying service connection for both thoracic spine and lumbar spine disabilities.

The Board found that an effective date earlier than August 14, 2006, is not warranted for the awards of service connection for low back and left leg disorders. The Veteran's claims for increased rating for low back disorder prior to March 9, 2012, and in excess of 20 percent therefrom were granted with a 20% rating. However, the claim for TDIU was partially granted due to the lack of a Notice of Disagreement or Substantive Appeal.

The Board denied the Veteran's claims of service connection for lumbar and cervical spine disorders, finding no new and material evidence to reopen the claims.

The Board has determined that the Veteran's thoracic and lumbar spine disabilities are related to his military service, with reasonable doubt resolved in favor of the Veteran.

The Veteran's appeal is being remanded due to the need for additional development and consideration of new evidence.

The Board has determined that the Veteran's current low back disability was not incurred during his active service and is unrelated to any in-service injury. As such, the claim for service connection is denied.

The Board found that the Veteran's low back, left hip, and left ankle disabilities are not service-connected as secondary to his right knee disability. The VA examiners provided opinions indicating these conditions were more likely caused by non-service connected factors such as leg length discrepancy from a previous femur fracture.

The Veteran's appeal of the denial of his claim for a rating in excess of 40 percent for lumbar spine degenerative disc disease from November 13, 2014, has been dismissed due to his withdrawal of the appeal.

The Board found that the Veteran's low back disability was not incurred in or related to service, and denied his claim for service connection.

The Veteran's claim for a higher rating for his low back disability was denied. The Board awarded a 40 percent rating in March 2017, but the appeal remains before the Board as less than the maximum schedular benefit was granted.

The Board found that the Veteran's arthritis of multiple joints (cervical and thoracolumbar spine) is not related to service, thus denying his claim for service connection.

The Veteran's lumbar strain is currently rated at 40 percent, effective from July 24, 2015. The Board finds that the evidence supports a higher rating for his service-connected lumbar strain.

The Veteran's chronic mechanical low back syndrome was caused by his service-connected bilateral knee disabilities, and the Board has granted service connection for this condition.

The Veteran's service-connected disabilities have not prevented him from securing or following substantially gainful employment.

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 as her current back disorder did not manifest within one year of separation from service, continuity since separation was not established, and it is less likely than not that the disability is proximately due to or aggravated by a previously service-connected condition.

The Veteran's claim for special monthly pension based on the need for aid and attendance of another person or being housebound is denied as he does not meet the criteria for either benefit.