Back / lumbar spine decisions — 2018

The Veteran's claims for an earlier effective date for low back disability and initial ratings for PTSD have been denied. The claim of service connection for COPD has not been adjudicated, as it is unclear if the appeal is about this issue or another one.

The Veteran's claims for increased ratings and service connection were denied. The back disability is currently rated at 40 percent, while the LLE radiculopathy is also rated at 40 percent.

The Board has ordered a remand due to the need for additional medical examinations and opinions regarding the Veteran's claimed asbestosis and low back disability.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for scoliosis. The Veteran's flat feet (pes planus) were noted at entrance but did not increase in severity during service, and there is no evidence of aggravation beyond natural progression. Service connection for cervical spine degenerative disc disease, carpal tunnel syndrome of the right upper extremity, carpal tunnel syndrome of the left upper extremity, and residuals of stress reaction of the right leg cannot be established as these conditions are not shown to have been incurred in service or until many years thereafter.

The Veteran's service-connected disabilities rendered him unable to secure or maintain substantially gainful employment effective October 23, 2008. The Board found that the Veteran engaged in marginal employment as of this date.

The Veteran's bilateral hearing loss, tinnitus, lumbosacral and cervical spine disabilities had their onset in active service or are related to in-service injuries. The Board finds that the most probative evidence of record shows that these conditions have a direct relationship with his military service.

The Veteran's service-connected disabilities, including MDD, rendered him unable to secure and follow a substantially gainful occupation as of March 5, 2001. The effective date for the grant of TDIU is now set at May 13, 2004.

The Veteran seeks service connection for degenerative disc disease of the lumbar spine with osteoarthritis and degenerative joint disease of the right hip, both claimed as secondary to a right foot injury. The Board has determined that additional development is needed due to incomplete medical records and inadequate opinions regarding service connection.

The Veteran's claims for increased ratings for his service-connected narcolepsy, DJD and DDD of the lumbosacral spine, and cervical spine degenerative joint disease and muscle strain have been denied. The effective date for service connection has also not been granted.

For the period of October 25, 2006 to October 13, 2015, the Veteran's back disability was rated at 20 percent due to spasms resulting in an abnormal gait.,From October 14, 2015 to January 18, 2016, the rating increased to 40 percent as a result of forward flexion of 30 degrees or less. The criteria for a higher rating were not met during this period.

The Board found that the Veteran's current low back disorder is not related to service and denied his claim for service connection. His epididymitis and bruised left testicle were evaluated but no compensable evaluation was assigned.

The Veteran's service-connected lumbar spine disability is rated at a 40 percent rating, effective from the date of the grant of service connection (August 19, 2010). The Board found that his symptoms more nearly approximated the criteria for a 40 percent rating during flare-ups.

The Board has determined that the Veteran's claimed cervical spine, low back, left knee, and right knee disabilities are not related to his active duty service. The evidence does not support a finding of in-service injury or disease for these conditions.

The Veteran's service-connected disabilities did not prevent her from obtaining or retaining substantially gainful employment consistent with her education and experience for the period from February 26, 2007 to March 7, 2009.

The Board has determined that the Veteran's low back disability is not related to her service or any service-connected disabilities, and thus denied her claim for service connection.

The Veteran's thoracolumbar degenerative joint disease at L4 with retrolisthesis at T12 over L1 does not meet the criteria for a higher rating, as his forward flexion is limited to 65 degrees and 80 degrees in September 2009 and October 2017 respectively, which do not warrant an increase beyond the current 10 percent evaluation. His left ankle sprain with osteoarthritis does not meet the criteria for a higher rating as well.

The Veteran's claim for financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment is denied as he does not meet the eligibility criteria due to lack of loss or permanent loss of use of one or both feet or hands, or permanent impairment of vision of both eyes.

The Veteran's appeal is about the rating for his service-connected low back disability, but additional development is needed due to inadequate examination reports. The case is being remanded for further action.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran's thoracolumbar spine disability is not etiologically linked to his active duty service and therefore denied his claim for service connection.