Back / lumbar spine Board decisions

The Veteran's service-connected disabilities, including MDD, rendered him unable to secure and follow a substantially gainful occupation as of March 5, 2001. The effective date for the grant of TDIU is now set at May 13, 2004.

The Veteran seeks service connection for degenerative disc disease of the lumbar spine with osteoarthritis and degenerative joint disease of the right hip, both claimed as secondary to a right foot injury. The Board has determined that additional development is needed due to incomplete medical records and inadequate opinions regarding service connection.

The Veteran's claims for increased ratings for his service-connected narcolepsy, DJD and DDD of the lumbosacral spine, and cervical spine degenerative joint disease and muscle strain have been denied. The effective date for service connection has also not been granted.

For the period of October 25, 2006 to October 13, 2015, the Veteran's back disability was rated at 20 percent due to spasms resulting in an abnormal gait.,From October 14, 2015 to January 18, 2016, the rating increased to 40 percent as a result of forward flexion of 30 degrees or less. The criteria for a higher rating were not met during this period.

The Board found that the Veteran's current low back disorder is not related to service and denied his claim for service connection. His epididymitis and bruised left testicle were evaluated but no compensable evaluation was assigned.

The Veteran's service-connected lumbar spine disability is rated at a 40 percent rating, effective from the date of the grant of service connection (August 19, 2010). The Board found that his symptoms more nearly approximated the criteria for a 40 percent rating during flare-ups.

The Board has determined that the Veteran's claimed cervical spine, low back, left knee, and right knee disabilities are not related to his active duty service. The evidence does not support a finding of in-service injury or disease for these conditions.

The Veteran's service-connected disabilities did not prevent her from obtaining or retaining substantially gainful employment consistent with her education and experience for the period from February 26, 2007 to March 7, 2009.

The Board has determined that the Veteran's low back disability is not related to her service or any service-connected disabilities, and thus denied her claim for service connection.

The Veteran's thoracolumbar degenerative joint disease at L4 with retrolisthesis at T12 over L1 does not meet the criteria for a higher rating, as his forward flexion is limited to 65 degrees and 80 degrees in September 2009 and October 2017 respectively, which do not warrant an increase beyond the current 10 percent evaluation. His left ankle sprain with osteoarthritis does not meet the criteria for a higher rating as well.

The Veteran's claim for financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment is denied as he does not meet the eligibility criteria due to lack of loss or permanent loss of use of one or both feet or hands, or permanent impairment of vision of both eyes.

The Veteran's appeal is about the rating for his service-connected low back disability, but additional development is needed due to inadequate examination reports. The case is being remanded for further action.

The Board has denied the Veteran's claims for service connection for cervical and lumbar spine disabilities, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran's thoracolumbar spine disability is not etiologically linked to his active duty service and therefore denied his claim for service connection.

The Veteran's post-operative coxa vara of the right hip is rated at 30 percent, which does not meet the criteria for a higher rating under VA regulations.,The Veteran's hepatitis C is currently rated at 10 percent and does not meet the criteria for a higher rating based on incapacitating episodes or daily fatigue.

The Veteran's claim for an initial evaluation in excess of 20 percent for intervertebral disc syndrome post surgical change L4-L5 disc space narrowing L5-S1 was denied as his disability has been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees and mild incomplete paralysis of the sciatic nerve.

The Board has determined that the Veteran's current back disorders did not have their onset during service or within one year of separation, and are not shown to be causally related to any disease, injury, or incident during service. As such, the claim for service connection is denied.

The Veteran's appeal is being remanded for further development, including a new VA spine examination and consideration of the TDIU issue.

The Board has determined that the Veteran's lumbar and cervical spine disabilities are not related to his military service, as there is no evidence of arthritis or degenerative changes within one year post-service. The VA examiner provided a negative nexus opinion.

The case is being remanded for further development, including a new examination to assess the current severity of the Veteran's right knee and low back disorders.