Back / lumbar spine decisions — 2015

The Board has determined that it is not factually ascertainable prior to January 4, 2008, that the Veteran's service-connected disabilities alone rendered him unable to work and thus an effective date earlier than January 4, 2008 for a total disability rating based on individual unemployability due to service-connected disability on an extraschedular basis cannot be assigned.

The Board has determined that the Veteran's right arm, cervical spine, and lumbar spine disabilities are not service-connected as they are not related to her active military service.

The Board has remanded the case for additional development due to an inadequate VA examination and requests that an addendum be provided.

The Veteran's initial increased rating claim for lumbar spine disability prior to December 17, 2010 was denied. The Board also denied an evaluation in excess of 20 percent from December 17, 2010 to May 18, 2012 and TDIU on an extraschedular basis prior to May 19, 2012.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to service.

The Board has denied the Veteran's claims for service connection for a back (thoracolumbar spine) disability and a right shoulder disability, finding that there is no evidence of an in-service injury or disease related to these conditions, and that any current disabilities are not related to his service or service-connected neck disability.

The Veteran's combined disability rating is 80 percent, which meets the percentage requirements for a TDIU. However, his service-connected disabilities do not preclude him from securing and following all substantially gainful employment consistent with his education and occupational experience.

The Veteran's degenerative disc disease at L5-S1 is currently rated as 20% disabling, effective from May 1, 2009. Separate ratings for the left posterior tibial and internal saphenous nerves are being remanded.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling a VA examination to determine if the Veteran's current lumbar spondylosis is related to her active duty service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not show objective symptoms warranting a rating in excess of 50 percent for his acquired psychiatric disorder, nor did it show other deficiencies in most areas such as work, school, family relationships, judgment, thinking or mood.

The Veteran's lumbosacral strain is now rated at 40 percent from May 26, 2015, resolving his appeal for a higher rating. His TDIU claim remains pending as he meets the schedular criteria but may require further consideration due to additional service-connected conditions.

The Veteran's hypertension has been found to be related to service, and she is granted service connection for this condition.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for a back condition, including as secondary to his service-connected bilateral pes planus. The case will be returned to the Board after completion of this development.

The Veteran's appeal is remanded due to the need for additional evidence and a VA examination to assess the current severity of his lumbar spine disability.

The Veteran's service connection claims for obstructive sleep apnea with fatigue, right knee arthritis, left hip arthritis, lumbosacral spine degenerative disc disease and cervical spine degenerative disc disease were granted. The effective dates for the right knee and left hip conditions are set at April 14, 2010, while those for the lumbosacral spine and cervical spine conditions are set at August 20, 2010.

The Board has determined that additional development is needed to properly assess the Veteran's lumbar spine facet arthropathy, including obtaining treatment records and scheduling a VA examination. The case will be remanded for these actions.

The Veteran withdrew his appeals on the claims for service connection for tinnitus/ear ringing, mid and low back pain, left shoulder pain, right hip pain, and a heart condition prior to the Board's decision.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the RO. The initial ratings and increased rating claims are not addressed in this decision.

The Board found that the reduction of the disability rating from 40 percent to 10 percent for the Veteran's service-connected degenerative disc disease of the lumbosacral spine was proper due to improvement in his condition.