Back / lumbar spine decisions — 2018

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since May 28, 2010.

The Veteran's lumbar spine disability has not met the criteria for a higher evaluation prior to April 15, 2010 and in excess of 40 percent thereafter. The effective date remains unchanged.

The Board denied the Veteran's claims for service connection for a low back disability and a left ankle disability, finding that there was no evidence of a service-connected condition upon which to base secondary service connection.

The Board denied service connection for bilateral knee, low back, and left shoulder disabilities. The Veteran's current conditions are not considered to be related to his military service.

The Veteran has withdrawn his appeals for the issues of service connection for hypertension, sleep apnea, PTSD with major depressive disorder prior to May 24, 2012, and degenerative joint disease of the lumbar spine from October 14, 2014.

The Veteran's appeal for service connection of his right knee strain (previously claimed as a right knee disability) is granted. The Board finds that the preponderance of evidence supports the claim, and thus grants service connection.

The Board denied reopening the claims of service connection for hypertension, bilateral knee disability, diabetes mellitus type II (DM II), posttraumatic stress disorder (PTSD), and a back disability. The Veteran's lay statements regarding his Vietnam service were found to be not supported by the record.

The Veteran has been granted service connection for degenerative disc disease of the lumbar spine and residuals of shell fragment wounds to his left testes. The Board found that there was an approximate balance of positive and negative evidence regarding whether these conditions are related to service, placing the benefit of doubt in favor of the Veteran.,Service connection has also been granted for residuals of shell fragment wounds to the head and face, but not for the upper arm as no current disability was found.

The Board has determined that the Veteran's current diagnoses of low back, right leg radiculopathy, upper back disorder, bilateral shoulder disorders, bilateral hip disorder, left knee disorder, bilateral ankle disorder, and bilateral foot disorder are at least as likely as not related to his in-service injury. As such, service connection is granted for these conditions.

The Board has remanded the Veteran's claims for additional development due to inadequate opinions in his VA examinations and missing medical records.

The Veteran's appeal for higher initial disability ratings for lumbar spine degenerative arthritis was withdrawn before the Board could make a decision.

The Veteran's appeal is being remanded for a new VA examination and opinion addressing the limitation of motion during flare-ups, as well as consideration of his TDIU claim.

The Veteran's claim for a disability rating in excess of 40 percent for degenerative arthritis of the lumbar spine is denied as there is no evidence of unfavorable ankylosis or limitation of motion warranting a higher evaluation.

The Board denied the Veteran's claims for service connection for various conditions, finding that new and material evidence was not submitted to reopen these claims.

The Veteran's compensation benefits were restored to October 1, 2002, the date following her discharge from military service.

The Board denied service connection for an upper back disability and bilateral pes planus. The Veteran's upper back condition is not etiologically related to service, while his pes planus existed prior to service and was not aggravated by service.

The Board has granted service connection for a lumbar spine disability and is remanding the issue of service connection for a left knee disorder.

The Board has denied the Veteran's claims for service connection for groin injury, low back disability including as secondary to a groin injury, and left leg pain. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's lumbar spine disability is rated at 20 percent, effective September 29, 2010. Separate ratings of 10 percent are assigned for radiculopathy of the right and left lower extremities from September 29, 2010, to February 3, 2013. The Veteran's TDIU claim is granted.

The Veteran's claims for service connection were denied as there was no evidence of an in-service event, disease, or injury that could be linked to the claimed conditions. The Board found that the Veteran did not have a right knee disability, left knee disability, shin splints of either leg, cervical spine disability, thoracolumbar spine disability, carpal tunnel syndrome and arthritis of the wrists and hands, or sinus disability due to asbestos exposure.