Back / lumbar spine decisions — 2016

The Board found no evidence of a current disability related to service, including ACDUTRA. The Appellant's statements regarding in-service injuries are not sufficient to establish service connection.

The Veteran's appeal is being remanded for additional development to obtain VA treatment records and afford him a new VA examination.

The Board finds that the reduction of the Veteran's lumbar spine disability rating from 30% to 20% effective December 1, 2008 was proper. The Veteran's claim for increased ratings and TDIU are granted.

The Board has granted an effective date of February 24, 2006 for the grant of service connection for bipolar disorder and a total disability rating for this condition. The Veteran's low back disorder is also service connected.

The Veteran's lumbar strain is rated at 40 percent, effective July 21, 2006. The rating reflects the limitation of motion to 30 degrees or less.

The Veteran's service-connected lumbar spondylosis with degenerative changes and right lumbar radiculopathy do not meet the threshold schedular criteria for a finding of total disability based upon individual unemployability (TDIU) due to his service-connected disabilities alone. The Board finds that he is not unemployable due solely to service-connected disabilities, as he retains some functional occupational capacity sufficient to obtain and retain gainful work.

The Board found no evidence of an upper back disability related to service and denied the Veteran's claims for service connection. The Veteran's lumbar spine disability is currently rated at 10 percent.

The Veteran's lumbosacral strain, with L2 deformity, results in sleep impairment not contemplated by the rating criteria. The current schedular ratings adequately account for his disability picture and symptomatology.

The Veteran's appeal is being remanded due to the inextricably intertwined issues of service connection for bilateral pes planus and a low back disability. The AOJ must issue a statement of the case with respect to the issue of service connection for bilateral pes planus, and then readjudicate the appeal based on all evidence.

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

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disease of the lumbar spine, was incurred in service due to his reported in-service injuries and continuity of symptomatology.

The Veteran's back disability did not meet the criteria for a higher rating prior to August 22, 2014. Effective March 1, 2015, his disability warranted a 40% rating.

The Board found that the Veteran's pes planus existed prior to service and was not aggravated by any in-service injury, event or illness. Therefore, it denied service connection for bilateral pes planus.

The Veteran's claim for a higher initial rating on an extraschedular basis for degenerative disc disease of the thoracic spine has been denied as the evidence does not support that his disability presents such an exceptional or unusual picture to render impractical the application of the regular schedular standards.

The Veteran's appeal for TDIU is being remanded due to the need for additional development, including obtaining VA treatment records and considering whether an increased disability rating is warranted. The case will be referred to the Director of Compensation Services if a schedular award of TDIU is not possible.

The Board has remanded the case for additional development, including obtaining a clarifying opinion from the January 2014 VA examiner regarding whether Schmorl's node is considered a low back disability and its relationship to the in-service motorcycle injury.

The Veteran has withdrawn his appeals for increased initial ratings for lumbar spondylosis, right lower extremity radiculopathy, degenerative changes of the acromioclavicular joint of the right shoulder, right knee patellofemoral syndrome, and residuals of a pudendal nerve injury. As such, these issues are dismissed.

The Board has determined that the Veteran's low back disability is not related to her active service, and thus does not meet the criteria for service connection.,Similarly, the Board found no evidence of a current left knee disability within one year after discharge from service, and therefore cannot establish service connection based on chronicity.

The Board has determined that the Veteran's bilateral hearing loss is related to noise exposure in service and grants this claim. The low back disorder claim remains pending as a VA examination was not conducted.

The Veteran's appeal is being remanded for additional development, including obtaining private and VA treatment records and arranging an orthopedic examination to determine the nature and likely etiology of his back, ankle, and foot disabilities.