Back / lumbar spine Board decisions

The Veteran's degenerative disc disease L5-S1 with small herniated nucleus pulposus is currently rated at 40 percent, effective October 1, 2007. The evidence shows that the disability has not improved and actually warrants a higher rating.

The Board has remanded the case for additional development and examination, including obtaining private treatment records and a VA pension examination to determine if the Veteran is unemployable due to nonservice-connected disabilities.

The Veteran's service-connected disabilities, including PTSD and depressive disorder, sciatic radiculopathy of the right and left lower extremities, intervertebral disc syndrome (claimed as low back condition), scars, degenerative joint disease of both knees, degenerative arthritis of the right shoulder, hypertension, tinnitus, bilateral nasal pinquecula with dry eyes, hernia, ear pain, and erectile dysfunction, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that his service-connected disabilities alone are at least in equipoise as to whether he is unable to obtain or maintain such employment.

The Board denied the Veteran's claims for service connection for left eye ptosis and a low back disability, finding no current diagnosis of either condition. The claim for service connection for arthritis in the low back was granted based on continuity of symptomatology since service.

The Veteran's appeal for service connection for a low back disability was dismissed due to his failure to provide necessary releases for pertinent records, resulting in the abandonment of his claim.

The Veteran's service-connected disabilities did not prevent him from obtaining or retaining substantially gainful employment prior to July 15, 2015.

The Board found that the Veteran's current low back condition is not related to service or his service-connected right knee disability, and thus denied service connection for a low back disorder. The hearing loss claim was granted as it met the criteria for in-service noise exposure resulting in a current disability.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, and his right foot drop, sciatica, and sciatic sensory radiculopathy are currently rated at 10 percent prior to January 23, 2015, and 20 percent since that date. The Veteran's appeal for higher ratings has been denied.

The Board denied the Veteran's claim for service connection for cervical spine degenerative arthritis and degenerative disc disease, finding no evidence of a chronic disability during or within one year after service discharge.

The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that his condition was not causally or etiologically related to any disease, injury, or incident in service.

The Veteran's service connection for peripheral neuropathy and lumbosacral strain has been granted, with the effective date set at March 18, 1972. The issue of an initial evaluation remains pending.

The Board has remanded the case for additional development due to inadequate examination reports and failure to provide adequate reasons or bases in the May 2014 decision.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is not related to his active service and arthritis did not manifest within one year of separation from active service. Therefore, the claim for service connection is denied.

The Board has determined that the Veteran's low back disability, including scoliosis, lumbar spondylosis, lumbar myofascitis, and degenerative arthritis of the spine, is not related to service. The left shoulder disability was also found not to be related to service.

The Board has remanded the case for further development, including obtaining medical records and opinions regarding the Veteran's eye disorder and low back disorder.

The Board has determined that the Veteran's post-operative residuals of multiple inguinal hernia repairs and low back disability, including scoliosis and degenerative joint disease of the thoracolumbar spine, are not related to service. The evidence does not support a finding that these conditions were caused or aggravated by any incident in service.

The Veteran's service connection for hypertension was granted with an effective date of February 1, 2007. The claim for erectile dysfunction was withdrawn during the hearing. Service connection for peripheral neuropathy and vascular disease were granted with initial ratings of 10 percent.

The Veteran's lumbar strain was evaluated as 10 percent disabling prior to March 19, 2015 and increased to 20 percent thereafter. The Board found that an evaluation in excess of 10 percent for the Veteran's lumbar strain prior to March 19, 2015 is not warranted.

The Veteran's service-connected disabilities, including PTSD, lumbar strain, diabetes mellitus type II, right hip condition, and scars from a shell fragment wound of the right lower extremity with retained foreign body, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's lumbosacral disc disease and right knee degenerative joint disease are rated at 40 percent each, effective from the date of the decision.