Back / lumbar spine decisions — 2018

The Board has determined that the Veteran's lumbar spine disability warrants a 20% rating from July 20, 2016 onwards. Prior to this date, the disability was rated at 10%. The current rating adequately reflects any functional impairment and pain.

The Veteran's back disability, arthritis, and hypertension were not service-connected as they did not manifest during or within one year after his separation from active duty.

The Veteran's low back strain has been productive of limitation of flexion to 60 degrees since September 27, 2016. The Board granted a rating of 10 percent for this condition.

The Board has determined that the Veteran does not have current thoracic and/or lumbar spine or seizure disorders related to service. The claims for these conditions are therefore denied.

The Veteran's claims of service connection for a low back disability, bilateral hearing loss, and irritable bowel syndrome are being remanded due to the need for additional development.

The Veteran's service-connected back disability and radiculopathy have been granted increased ratings, effective October 6, 2015. A TDIU rating has also been granted, effective November 4, 2014.,The Veteran's right and left lower extremity radiculopathy have been rated at 40 percent each.

The Board has determined that the Veteran's current low back, neck, and left shoulder disabilities are not related to his period of honorable active duty service. The evidence does not support a finding that these conditions were incurred or aggravated during his military service.

The Veteran is granted a TDIU on an extraschedular basis for the period prior to August 11, 2015 due to his service-connected disabilities preventing him from securing and following substantially gainful employment. The temporary total evaluation based on a service-connected disability requiring a period of convalescence (total temporary evaluation) is denied as there is no service connection for a cervical spine condition.

The Board found that the appellant's current back disability is not related to his active service and denied his claim for service connection.

The Board has determined that the Veteran's cervical spine disability is not related to service or a service-connected condition, and therefore denied his claim for service connection.

The Veteran's claim for increased ratings for his back disability prior to August 30, 2016 was denied as the evidence did not show forward flexion limited to 60 degrees or less, combined range of motion of the thoracolumbar spine to 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. For the period on and after August 30, 2016, a higher rating was also denied as there is no evidence showing forward flexion limited to 30 degrees or less, ankylosis of the thoracolumbar spine, or incapacitating episodes.

The Board has remanded the case for further development and adjudicative action due to inadequate VA examinations, including those related to the Veteran's back disability. The Veteran is to be scheduled for a VA lower back examination.

The Board has determined that the Veteran's back disability and bilateral hip disabilities are not related to her active service, and therefore denied her claims.

The Veteran's claims for increased ratings of his service-connected lumbosacral strain, patellofemoral pain syndrome of the bilateral knees, and hemorrhoids were denied as a matter of law due to his failure to report for VA examinations.,For the period prior to February 19, 2014, the Veteran's claim for TDIU was denied because he failed to provide good cause for refusing VA examination requests.

The evidence does not support a finding that the Veteran's neck disorder is related to his active duty service. The examiner opined that any arthritis of the neck is less likely than not incurred in or caused by his active duty service.

The Board has determined that the Veteran's service-connected prostate cancer and PTSD prevent him from securing and following substantially gainful employment, thus granting his claim for a TDIU.

The Veteran's claim for increased evaluations for his service-connected lumbar spine disability was denied. The Board found that the evidence did not support a higher rating during any of the specified periods.

The Board has remanded the Veteran's claims due to incomplete VA examination and failure to consider continuity of symptoms since service.

The Board has determined that the Veteran's low back disability warrants a 40 percent rating, effective from May 3, 2010.

The Board has granted a 40 percent disability rating for the Veteran's lumbar spine disability, effective from October 18, 2011. The Veteran also received a separate 40 percent disability rating for right lower extremity radiculopathy, effective since October 3, 2007.