Back / lumbar spine decisions — 2018

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of recent legal decisions.

The Veteran's claims for increased ratings and secondary service connection were denied as the evidence did not support a higher rating or secondary service connection.

The Veteran's appeal for service connection of gallstones has been dismissed as the Veteran withdrew her claim.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions. The preponderance of the evidence is against a finding that any current disability is related to service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to October 21, 2011 is denied as the evidence does not show that he was unable to secure or follow substantially gainful employment due to his service-connected conditions.

The Veteran's lumbosacral strain with arthritis did not meet the criteria for a disability rating in excess of 20 percent prior to March 4, 2014.

The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since June 4, 2010.

The Board has remanded the Veteran's claims for service connection and increased rating of his left ankle disability, as well as his claim for a TDIU due to inextricably intertwined issues.

The Veteran's left knee disability is not service connected, and his right knee disability does not cause or aggravate his left knee disability.,The Veteran meets the schedular criteria for a TDIU as of April 16, 2010.

The Board found no evidence of a lower back condition during or within one year after service, and the Veteran's current condition is not shown to be related to his military service. The Veteran's TDIU claim was also denied as his disabilities do not prevent him from securing or following a substantially gainful employment.

The Board has remanded the case for a VA medical addendum opinion to determine if the Veteran's low back disability is related to his active service.

The Veteran's claim for a higher rating for her degenerative arthritis of the lumbar spine was granted, with an effective date of August 9, 2016. The claims for service connection for radiculopathy and TDIU were also granted, with effective dates of February 26, 2010.

The Veteran's service-connected disabilities, including chronic low back pain, radiculopathy of the lower extremities, and degenerative arthritis of the right knee, render him unable to secure or follow a substantially gainful occupation.

The Board has granted service connection for a low back disability.

The Board found that the Veteran's spondylolisthesis and degenerative disc disease of the lumbar spine warranted a disability rating of 40 percent, which is the highest available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal was denied as there were no incapacitating episodes requiring bed rest prescribed by a physician.

The Veteran's claims for increased evaluation and TDIU have been denied. The effective date of the grant of service connection for lumbar strain remains June 29, 2009.

The Veteran's lumbar spine disability was found to be manifested by forward flexion greater than 60 degrees and a combined range of motion greater than 120 degrees, without muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. The Board determined that the criteria for higher ratings were not met.

The Veteran's low back disability, including right and left lumbar radiculopathy, is rated at 20 percent since December 30, 2008. The rating reflects the limitation of motion and pain without incapacitating episodes or ankylosis.

The Veteran's lumbar spine DDD is rated at 20 percent effective September 21, 2009. His right lower extremity radiculopathy is rated at 10 percent effective the same date.

The Veteran withdrew his appeal regarding the issue of entitlement to an initial rating in excess of 10 percent prior to June 18, 2014, in excess of 20 percent from June 18, 2014 to April 26, 2017, and in excess of 40 percent thereafter for multilevel degenerative changes of the lumbar spine.