Back / lumbar spine Board decisions

The Veteran's lumbar spine disability, right and left lower extremity radiculopathy, and right groin pain have been granted increased ratings effective September 4, 2015. The original claim for an increase in his service-connected lumbar spine condition was reopened due to new evidence (right groin pain and sciatica).

The Board has determined that the Veteran's current back disorder was not incurred in or related to service, and thus denied his claim for service connection. The right knee disorder issue remains pending as it is unclear if secondary service connection can be established.

The Veteran was previously denied a TDIU prior to September 5, 2012. The Board found that the service-connected disabilities did not prevent him from securing and following a substantially gainful occupation during this period.,Beginning September 5, 2012, the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board granted a TDIU at this time.

The Veteran's right peroneal nerve palsy is not manifested by complete paralysis, and the current 30 percent rating for this condition remains appropriate.,Posttraumatic oculomotor dysfunction does not meet the criteria for a higher rating under applicable diagnostic codes.,Chin scars are rated based on their severity but do not warrant an increased rating as they do not cause significant functional impairment or limitation of motion.,The excision of the left serratus for a muscle flap graft affecting the non-dominant extremity does not meet the criteria for a higher rating under applicable diagnostic codes.,Degenerative disc disease with facet arthritis and spondylosis of the lumbar spine does not meet the criteria for a higher rating as it does not result in incapacitating episodes or severe ankylosis.,Since April 19, 2016, the Veteran's TBI has been manifested by level '3' impairment under the Table of Facets of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified based on motor activity. A separate compensable rating for a peripheral vestibular disorder as a residual of TBI is granted.,Posttraumatic headaches, status-post TBI do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's claim for an initial evaluation in excess of 10 percent for thoracolumbar spine strain and degenerative changes, status post discectomy is being remanded due to the need for a VA examination.

The Board has determined that additional development is necessary before the claims can be decided, including obtaining an addendum opinion from a VA examiner regarding the Veteran's right knee disorder and addressing his complaints of 'trick' or locked knee noted at the time of his separation from service in May 1979. The TDIU claim is also remanded as it is inextricably intertwined with the claims for right knee and back disorders.

The Veteran has been diagnosed with various conditions, including atherosclerotic cardiovascular disease, type II diabetes mellitus, and erectile dysfunction. The Board finds that these diagnoses are related to his service due to the presumption of herbicide exposure for veterans who served in Vietnam.

The Board has determined that a new VA examination is necessary to determine the etiology of the Veteran's claimed low back injury and headaches, as the current opinions are inadequate for rating purposes.

The Board has granted service connection for bilateral plantar fasciitis with cavus foot formation, folliculitis and contact dermatitis, GERD, IBS, CFS, and lumbar degenerative disk disease. Service connection is denied for the shoulders, elbows, hips, knees, and neck.

The Board denied the Veteran's claim for an earlier effective date of October 27, 2010 for a 20% rating for his service-connected degenerative disc disease of the lumbar spine. The decision found that no increase in disability occurred within one year prior to the filing of the increased evaluation claim.

The Board found no evidence of a low back disorder during service and denied the claim. Bilateral hearing loss was not shown to be related to service or noise exposure, as there is no current disability meeting VA's definition of hearing loss. Diabetes mellitus type II, hypertension, and ED were also not linked to service.

The Veteran's claim for service connection for major depressive disorder with anxiety disorder and cannabis dependence (in remission) associated with lumbosacral strain, with degenerative arthritis of the spine and intervertebral disc syndrome was denied as there is no objective evidence that a formal or informal claim seeking this benefit was received by VA prior to November 29, 2011.

The Veteran's cervical spine DDD and associated right upper extremity radiculopathy were granted increased ratings, with the cervical spine rating set at 20 percent effective March 26, 2015.

The Board has determined that VA examinations are needed to assess the etiology of the Veteran's hemorrhoids and low back disability. The case is being remanded for these purposes.

The Board has decided to remand the case for additional development, including scheduling a video conference hearing and determining whether the Veteran wants a new representative.

The Board has reopened the Veteran's claim and finds that his lumbar fibromyositis with arthritis of the spine is at least as likely as not caused by an injury sustained during service. As such, service connection for this condition is granted.

The Board has remanded the case for additional development, including obtaining an addendum to the May 2014 VA examination report and scheduling a new VA examination if necessary. The examiner is asked to provide opinions on whether the low back disorder is related to service, caused by or aggravated by the service-connected sprain injury of the left ankle with chronic lateral instability and degenerative changes, and caused by or aggravated by the service-connected traumatic arthritis of the left first metatarsophalangeal joint.

The Veteran's appeal for service connection and increased ratings was denied. The Board found no current right hip disability, thus denying the claim of service connection for a right hip disability. For lumbar strain and right ankle sprain, the evidence did not show that the disabilities were caused by or aggravated by any service-connected conditions.

The Veteran's low back condition has been rated based on the severity of his symptoms and range of motion, but does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board has determined that the Veteran's low back disability is related to his active service, and therefore grants service connection for this condition. The decision also acknowledges the Veteran's claim of entitlement to service connection for pancreatitis but does not address it further.