Back / lumbar spine decisions — 2015

The Veteran's appeal for service connection for fibromyalgia has been withdrawn. The case is being remanded to obtain updated VA medical records, SSA disability determination records, and VA vocational rehabilitation records.

The Board has determined that the VA examination and opinion provided are inadequate for adjudicating the service connection claim. The Veteran's complaints of back pain were noted as early as November 1999, January, February, and April 2000, and there are treatment records noting intermittent back pain between April 2004 and December 2008.

The Board has determined that the Veteran's current lumbar spine disability is not related to his period of active duty service and therefore denied his claim for service connection.

The Veteran's claim for a separate compensable rating for right upper extremity neurological impairment was denied. The Board found that the evidence did not support a finding of mild or more severe neurological impairment related to his service-connected cervical spine disability. For TDIU, the Veteran's combined disability rating is 60%, which meets the criteria set forth in 38 C.F.R. § 4.16(a).

The Board has granted the Veteran's application to reopen his claim of service connection for a low back disorder, finding that new and material evidence has been submitted. The issue is now remanded for further development.

The Veteran's claims for increased ratings have been denied as the evidence does not support a higher rating than the currently assigned evaluations.

The Veteran's combined disability evaluation was 60 percent prior to September 9, 2008. His service-connected disabilities did not arise from a common etiology and he did not meet the schedular criteria for TDIU during this period. As of September 9, 2008, his combined disability evaluation was 70 percent with at least one disability evaluated as 40 percent; his service-connected disabilities alone rendered him unable to obtain and retain substantially gainful employment.

The Board has determined that the Veteran's claimed conditions, including systemic degenerative joint disease and a back disability, are not related to service. The evidence does not show an in-service injury or disease resulting in current disabilities.

The Veteran's disability rating for post-operative herniated nucleus pulposus lumbar spine is denied as his functional impairment does not meet the criteria for a higher rating.

The Veteran's low back disorder, specifically myofascial lumbar syndrome, is found to have first manifested during service and the Board grants service connection for this condition.

The Veteran's TDIU claim is being remanded for referral to the Compensation and Pension Service for consideration of whether he meets the criteria for a TDIU based on unemployability due to service-connected disabilities.

The Veteran's back disability is found to be etiologically related to her active duty service, and the Board grants service connection for a back disability.

The Veteran's claims for increased ratings for his service-connected lumbar strain and left leg paresthesias disabilities are being remanded due to the need for additional development, including a new VA examination.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations and issuance of a Statement of the Case on his claims for increased ratings for right hip, left knee, and right knee disabilities.

The Board has remanded the case due to the need for additional medical examination and records, as well as further development of the Veteran's claim.

The Veteran's claim for a higher rating for left foot plantar fasciitis is granted, and his service connection claims for low back disability and left knee disability are granted. The claim for service connection for left foot numbness remains pending.

The Veteran's initial claim for service connection for a low back disability was granted and assigned an initial rating of 20 percent effective October 9, 2001. The RO later increased the rating to 40 percent effective June 20, 2011.,Service connection for dysautonomia was denied.

The Board has granted service connection for hypertension and a low back disability, but denied service connection for heart arrhythmia. The Veteran's psychiatric condition is addressed in the remand portion.

The Veteran's claim for a higher rating for his cervical spine disability is being remanded due to the need for additional VA examination and treatment records.

The Veteran's application for individual unemployability benefits has been granted. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including coronary artery disease, type II diabetes mellitus, peripheral neuropathy of the left hand and right hand, degenerative joint disease of the left knee, peripheral neuropathy of the right foot and left foot, and degenerative disc disease. The Veteran's TDIU rating is granted.