Back / lumbar spine Board decisions

The Veteran's claim for increased ratings for his low back disability and radiculopathy of the right lower extremity was denied. The Board found that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has determined that the Veteran's low back disorder and arthritis did not have onset during service or within one year of separation, and are not otherwise etiologically related to service.

The Board has determined that the Veteran's low back disability was not incurred or aggravated in service and may not be presumed to have been incurred therein. The claim for service connection is therefore denied.

The Veteran's low back disability was rated at 20 percent from November 21, 2008 to April 8, 2014. After that date, the rating was increased to 40 percent.

The Board denied service connection for a back disorder and an eye disorder, finding that the Veteran's current conditions are not related to his military service.,The Board also found that the Veteran's countable income exceeded the maximum annual pension rate limit set by law.

The Veteran's claim for an increased evaluation of her lumbar spine disability and TDIU prior to January 4, 2011 was denied by the Board. The decision found that the evidence did not meet the criteria for a higher rating or TDIU based on service-connected disabilities.

The Veteran's claims for service connection for headaches, blackouts, back condition, sleep disorder, high blood pressure, erectile dysfunction, and acquired psychiatric disability were denied. The right shoulder disability was granted a 20 percent rating.

The Veteran's posttraumatic stress disorder is rated at 50% since July 3, 2006. For the period from July 3, 2006 through January 17, 2007, he was granted a 20% rating for his degenerative disc disease at L4-5. The Veteran's claim for higher ratings for his degenerative disc disease and unemployability due to service-connected disabilities is denied.

The Veteran's service-connected disabilities, including arthralgia of the lumbosacral spine, depressive disorder, radiculopathy of the left and right lower extremity, and gastroesophageal reflux disease (GERD)/gastritis, combine to be 70 percent disabling. The Board finds that these conditions prevent the Veteran from securing and following a substantially gainful occupation.

The Veteran is eligible for assistance in acquiring specially adapted housing due to his service-connected disabilities, which involve both lower extremities and cause a loss of use so severe that it precludes locomotion without the regular and constant use of assistive devices.

The Board has determined that the Veteran's claimed upper and lower back, neck, right arm, and left arm disorders are not related to his military service.

The Board denied the Veteran's claims for increased evaluations for his service-connected degenerative disc disease and chronic left L5 radiculopathy.

The Board has granted service connection for dysthymic disorder and found that the Veteran's chronic lumbar strain warrants a 40% disability rating. The effective date is not specified.

The Board has determined that the Veteran's claims of service connection for a lumbar spine disability, peripheral neuropathy of the bilateral upper and lower extremities, psychiatric disorder (including PTSD and depression), and dementia are not supported by the evidence. The preponderance of the evidence is against these claims.

The Board denied service connection for a back disorder, finding that the current condition is not related to service and is less likely as not caused by or aggravated by any in-service injury.

Service connection is granted for tinnitus, bilateral ear disability (Eustachian tube dysfunction), depressive disorder, bilateral ingrown toenail, Morton's metatarsalgia, interdigital neuroma within second and third toes of the left foot, migraine headaches, jaw residuals involving the 5th cranial nerve on both sides, GERD, chronic lumbar sprain, residuals of a left ring finger fracture, and left thigh scar.,The Veteran's current symptoms are consistent with his in-service complaints and diagnoses.

The Board has granted the Veteran's claims for service connection for a neck disability, chronic fatigue, joint pain, and gastrointestinal symptoms. The Veteran is not shown to have or have had visceral leishmaniasis. Joint pain and chronic fatigue are considered as manifestations of his service-connected hepatitis C.

The Board has determined that new and material evidence was received to reopen the claim of service connection for a right knee disability. The Veteran's current right knee disability is found not to be related to his active military service, as there is no evidence of continuous or recurrent symptoms during service or within one year after separation from service. Service connection for secondary disabilities (back, left ring finger, and right shoulder) was also denied due to lack of a nexus between the claimed conditions and active service.

The Veteran's bilateral hearing loss is found to be related to her active service, and the claim for service connection is granted.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his left knee disability and its impact on any claimed left foot, ankle, and low back disorders. The AOJ will also consider all functional limitations resulting from his service-connected left knee throughout the appeal period.