Back / lumbar spine decisions — 2018

The Veteran's claims for increased ratings for his lumbosacral spine disability and right lower extremity radiculopathy are being remanded due to the need for additional development, including a new VA examination.

The Board has granted service connection for the Veteran's claimed disabilities, including coronary artery disease, hypertension, and other conditions, based on presumed exposure to herbicides while serving in the Republic of Vietnam. The effective date is set as August 31, 2010, which is when VA added ischemic heart disease (IHD) as a presumptive disability.

The Veteran's lumbar spine disability and bilateral plantar fasciitis were not incurred in service or due to a service-connected condition. The Board denied both claims.

The Veteran withdrew his appeals of the issues related to gout, venereal warts, a bilateral foot condition, and a right knee condition prior to the Board's decision.

The Board has determined that the Veteran's claimed disabilities are not related to his service-connected right ankle disability and therefore, secondary service connection is denied.

The Veteran's claim for increased ratings for his back disorder and unemployability was denied. The Board found that the evidence did not support a higher rating for the back disorder prior to June 21, 2011 or after that date. For unemployability, the Board noted that there was no evidence showing he was unable to work due to his disability before October 19, 2012.

The Board has remanded the case for further development, including obtaining outstanding records and a VA medical opinion to determine if the Veteran's current low back disability is related to his in-service motorcycle accident and coccyx injury.

The Veteran's low back disability was rated at 10% prior to April 16, 2015 and increased to 40% thereafter. The rating of 40% is maintained since the evidence does not show forward flexion of the thoracolumbar spine less than 30 degrees or ankylosis.

The Board denied the Veteran's claims for an increased rating for his right bicep tendonitis and TDIU, finding that the evidence did not support a higher rating based on limitation of motion.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination and obtaining outstanding records. The claim will be readjudicated after the additional development.

The Board has determined that the Veteran's pre-existing thoracolumbar scoliosis did not worsen during service, and thus cannot be granted service connection for aggravation. The Veteran's current condition is considered to be a direct result of her pre-service condition.

The Veteran's claim for a higher rating for lumbosacral strain with arthritis and lumbar laminectomy is denied as his disability does not meet the criteria for a rating in excess of 20 percent.

The Veteran's DDD of the lumbar spine has been rated at 40 percent since April 1, 2013, considering functional loss due to pain and other symptoms. The rating is based on the criteria for degenerative arthritis of the spine.

The Board has determined that the Veteran's low back disability and right foot pes planus are not related to service, thus denying both claims.

The Veteran's lumbar spine disability is rated at 40 percent, effective January 9, 2013. The Board found that the evidence did not support a higher rating prior to this date.

The Veteran's claims for service connection have been dismissed as the issues are already covered by his existing service-connected conditions.

The Veteran's low back disability, manifested by painful limitation of motion with forward flexion to 40 degrees and moderate limitation of motion, warrants a 20 percent initial rating.

The Board has determined that the Veteran's back disorder is not related to his military service or secondary to his service-connected right knee disability.,Therefore, the claim for service connection for a back disorder is denied.

The Board has remanded the case due to inadequate examination and lack of information regarding the Veteran's functional loss during flare-ups.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service or a pre-existing condition was aggravated by service. The diagnoses are found to be less likely related to service.