Back / lumbar spine Board decisions

The Board has remanded the appeal for additional development due to issues related to service connection and a rating for lumbosacral strain, as well as a claim of entitlement to service connection for ruptured Achilles tendon.

The Board has remanded the Veteran's claims for additional development, including obtaining medical opinions regarding her hepatitis and liver disease, as well as her bilateral wrist, arm/elbow, and back disabilities. The TDIU claim is also being deferred until further adjudication of the other issues.

The Board has determined that the Veteran's post-operative lumbar spine injury residuals with degenerative arthritis originated during service and granted service connection for this condition. The issues of entitlement to service connection for a cervical spine disorder, left knee disorder, and an initial rating in excess of 50 percent for PTSD are addressed in the REMAND portion of the decision.

The Veteran's service connection claims for tinea versicolor, cold injury residuals of the hands, allergic rhinitis, sinusitis, anosmia, back disability, liver disability, chronic fatigue syndrome (as due to undiagnosed illness or other qualifying chronic disability), and diabetes mellitus, Type II were granted. The issues related to these conditions are now resolved.

The Veteran's lumbar spine disability resulted in moderate limitation of motion prior to November 6, 2009. Beginning from November 6, 2009, the disability more nearly approximated severe limitation of motion.

The Board has determined that the Veteran's cervical DDD is related to his service-connected TBI, and thus grants secondary service connection for this condition.

The Board has determined that the Veteran's claimed conditions do not meet the criteria for service connection based on evidence of record.

The Veteran's claims for increased ratings and special monthly compensation were denied. The Board found that the evidence did not meet the criteria for higher disability evaluations.

The Veteran's service-connected right knee disability is currently rated as 20 percent disabling effective June 14, 2017.,Prior to June 14, 2017, the Veteran's service-connected left knee disability was rated as 30 percent disabling.

The Veteran's initial claim for higher ratings for his lumbosacral strain with DDD and IVDS, as well as associated left and right lower extremity radiculopathies, was denied. The effective date of the increased rating for lumbosacral strain is November 3, 2016.,The Veteran's TDIU claim was also denied.

The Veteran's service-connected thoracolumbar spine disability has not been manifested by incapacitating episodes, forward flexion less than 60 degrees, combined range of motion less than 120 degrees, ankylosis, or abnormal gait or contour due to muscle spasm, guarding, or tenderness. As a result, the Veteran's claim for an initial rating in excess of 10 percent is denied.

The Board has remanded the case for additional development due to incomplete records and a need for another VA examination.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for PTSD and a low back disorder. The medical evidence does not establish a link between these conditions and her military service.

The Veteran's combined disability rating for service-connected conditions is 60%, which does not meet the schedular criteria for a TDIU. However, after considering all evidence of record and the policy that veterans who are unable to secure and follow substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled, the Board finds that the Veteran's service-connected conditions do not render him unemployable.

The Veteran's lumbar strain has been rated at 20 percent since November 24, 2009. The most recent VA examination found the Veteran's forward flexion to be limited to 55 degrees and extension to 15 degrees.

The Board found that the Veteran's cervical spine disorder is not related to his military service, including an inservice automobile accident. The claim for service connection was denied.

The Veteran's claim for a higher rating for her chronic lumbosacral strain is granted, with the effective date being February 17, 2005. A separate 10 percent rating is assigned for radiculopathy of the right lower extremity as of November 8, 2016.,The Veteran's claim for TDIU prior to November 8, 2016 is denied.

The Board denied the Veteran's claim for an initial disability rating in excess of 10 percent for service-connected lumbar spine osteoarthritis, finding that the evidence did not meet the criteria for a higher rating based on the current manifestations of his condition.

The Board has determined that the Veteran's left shoulder disability is not etiologically linked to any in-service injury, event, or disease and therefore denied his claim for service connection.

The Board has determined that the Veteran's current low back disability, including lumbar strain, L4-5 spondylolisthesis grade 2, and spinal stenosis is related to his active service. The Board finds that reasonable doubt in favor of the Veteran has been resolved.