Back / lumbar spine decisions — 2018

The Board found that the Veteran's current low back disorder did not have its onset during service or within one year of service, and is not otherwise causally connected to active service. The evidence does not support a finding of service connection.

The Veteran's lumbar spine disability was evaluated as 20 percent disabling prior to March 26, 2013 and from June 1, 2013. The claim for a higher rating is denied.,For the period of November 16, 2009 until March 26, 2013, the Veteran's lumbar radiculopathy was evaluated as 10 percent disabling. The claim for a higher rating is denied.

The Veteran's lumbar spine disability is currently rated at 30 percent, but the evidence does not support a higher rating.

The Veteran's claims for increased evaluations for lumbar strain and left lower extremity radiculopathy are being remanded due to the need to obtain additional VA treatment records.

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, precluded all forms of substantially gainful employment beginning December 1, 2012. Effective December 1, 2012, but not earlier, the criteria are met for the award of TDIU.

The Board has granted the Veteran's claims for service connection for right shoulder condition, left shoulder condition, and lower back condition. The evidence is in equipoise as to the question of continuous symptoms with regard to these conditions.

The Board has determined that the Veteran does not have a current thoracolumbar spine disability that is related to his military service, and thus denied his claim for service connection.

The Veteran withdrew his claims for increased disability evaluation for chloracne, initial disability evaluation for lumbar strain with intervertebral disc syndrome and degenerative disc disease, service connection for soft tissue sarcoma, service connection for locked jaw due to broken right jawbone, and entitlement to TDIU prior to November 1, 2013.

The Board has determined that there is insufficient evidence to determine whether the service-connected disabilities alone are severe enough to warrant a TDIU. The case is REMANDED for further development, including obtaining an occupational evaluation and reviewing all relevant VA treatment records.

The Veteran's low back strain with degenerative changes was rated at 10 percent prior to March 24, 2008, and increased to 40 percent from September 21, 2010. The right-sided radiculopathy/sciatica was also rated at 10 percent.

The Board has granted service connection for a low back disability, cervical spine disability, bilateral knee disabilities, bilateral hip disabilities, and hypertension. The Veteran's other claims remain denied.

The Veteran's low back disability was granted a 20 percent rating, effective June 21, 2007. The left lower extremity sciatic nerve disability received a 40 percent rating, also effective June 21, 2007.

The Veteran is currently evaluated at 20 percent for his thoracolumbar spine disability from September 15, 2004 through July 6, 2009. He contends he should be evaluated at 40 percent and that the July 2009 VA examination results should apply to the entire prior period.

The Veteran's diabetes mellitus is currently rated at 20 percent, effective February 12, 2008. The Veteran does not have moderate or worse incomplete paralysis of the right or left peroneal nerves, nor does she have peripheral neuropathy of the LUE that warrants a higher evaluation.,The Veteran's lumbar spine disability and bilateral peroneal nerve impairment are not currently service-connected.

The Veteran's service-connected disabilities, including PTSD and bilateral pes planus, have rendered him unable to secure or follow substantially gainful employment. His TDIU claim is granted.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, migraine headaches, and degenerative joint disease (DDD) of the cervical spine have all been granted. The claim for sleep apnea has also been granted.,Service connection is established for these conditions based on direct evidence.

The Board has granted service connection for right hip disability, hearing loss, and tinnitus with an effective date of December 3, 2009. The Veteran's claims for other disabilities are denied.

The Board has determined that the Veteran's cervical spine disorder did not have its onset in active service or for many years thereafter, and it is not related to such service. The lumbosacral spine disorder also did not have its onset during service or within one year of discharge, and it is not related to such service.

The Board has determined that the Veteran does not meet the criteria for service connection for a lumbar disability or an acquired psychiatric disorder.

The Veteran's service-connected disabilities of right foot, right shoulder, and lumbar spine arthritis have been granted. The Board found that the evidence is at least in relative equipoise as to whether his current disability was caused by a motorcycle accident during active duty service.