Back / lumbar spine Board decisions

The Veteran's appeal concerning the issues of entitlement to service connection for lumbosacral spondylosis, and increased ratings for postoperative hemigastrectomy with vagotomy and gastrojejunostomy for duodenal ulcer and abdominal scars have been withdrawn. As a result, these issues are dismissed.

The Veteran's radiculopathy of the left lower extremity has been manifested by moderate, incomplete paralysis but not moderately severe or severe, incomplete paralysis. The criteria for a rating in excess of 20 percent have not been met.

The Veteran's service-connected disabilities, including lumbosacral strain with traumatic arthritis and degenerative joint disease of the right hip, have prevented him from securing and following substantially gainful employment since December 19, 2005.

The Veteran's service-connected lumbar strain is not manifested by unfavorable ankylosis of the entire thoracolumbar spine, and there are no medical findings showing at least 6 weeks total duration of incapacitating episodes that required bed rest and treatment prescribed by a physician. Therefore, the criteria for a higher rating have not been met.

The Board found that the Veteran's current cervical spine condition is not related to his service or a service-connected disability, and denied his claim for service connection.

The Board has remanded the Veteran's claims for additional development due to insufficient examination findings and conflicting medical evidence regarding his lumbar spine disability and bilateral lower extremity radiculopathy.

The Veteran's claim for PTSD was granted with a rating of 70 percent effective June 17, 2015. The claim for bilateral flat feet and degenerative disc disease of the lumbar spine were denied.

The Board has remanded the Veteran's claims for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy due to lack of recent VA examination. The service connection claim for a suprapubic disorder is also being remanded.

The Veteran's service-connected lumbar spine disability is rated at 60 percent, and separate ratings of 10 percent each are granted for right and left lower extremity radiculopathy.

The Veteran's appeal is being remanded for additional development, including a VA spine examination to assess the current severity of his service-connected lumbosacral spine disability and its impact on his ability to work. The issue of entitlement to TDIU is also deferred.

The Veteran's back disability is rated at 40 percent disabling, effective January 8, 2016. The rating for radiculopathy of the bilateral lower extremities is also granted at a 10 percent level, effective January 8, 2016.

The Veteran's back disability is not rated higher than 10 percent due to lack of ankylosis or forward flexion limited to 30 degrees or fewer. Ratings for the left and right elbow disabilities are also denied.

The Board denied service connection for a psychiatric disorder and denied an increased rating for lumbar spine DDD. The appellant's thoracolumbar DDD is currently rated as 40 percent disabling, but the evidence does not support a higher rating.

The Board denied the Veteran's claims of service connection for tinnitus, migraine headache disability, acid reflux, left elbow disability, low back disability, right hand disability, and right shoulder disability. The Board found that there was no current diagnosis of these conditions and that they were not related to service.

The Veteran's lumbar strain disability has been manifested at worst by forward flexion to 40 degrees, but not favorable ankylosis of the thoracolumbar spine. The criteria for a higher rating have not been met.

The Board has determined that the Veteran's low back disability is related to service, and thus grants service connection for this condition.

The Veteran's claims for service connection for hypertension, residuals of shingles, pes planus, and a back disability have been granted. The Board found that the Veteran demonstrated a compensable degree of hypertension within one year of his separation from service, and that he has residuals of shingles as a result of his service. Service connection was also granted for pes planus and a back disability, but additional development is needed to determine if these conditions are related to any period of active duty, ADSW, ACDUTRA, or INACDUTRA service.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining medical opinions regarding the etiology of his foot disability, erectile dysfunction, and back disability. The case will be returned to the AOJ for further action.

The Veteran's claim is being remanded due to inadequate examination and the need for additional development of his low back disability.

The Veteran's appeal is being remanded for additional development to address his claims of service connection for various conditions, including bilateral hearing loss and tinnitus. The case will be returned to the Board for further appellate consideration if necessary.