Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and considering the issue of TDIU.

The Veteran's lumbar spine disorder was not manifested by ankylosis of the spine prior to October 27, 2012. As of that date, it did not meet the criteria for a rating in excess of 40 percent.

The Veteran's service-connected lumbar spine disability does not render him unemployable, and therefore a TDIU is denied.

The Board denied the Veteran's claims for service connection for pancreatitis, an initial rating in excess of 10 percent for lumbar disc disease and chronic lumbar strain (lumbar spine disability), an initial rating in excess of 10 percent for post-operative residuals of left ankle surgery (left ankle disability), a compensable rating prior to September 20, 2013 and 20 percent thereafter, for left foot numbness, and entitlement to TDIU due to service-connected disabilities.

The Board found that the Veteran's current left knee and low back disabilities are not related to his active duty service, and thus denied both claims.

The Board has remanded the claims for further development, including scheduling a VA examination and obtaining SSA records.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his lumbar spine disability and an evaluation of whether he is unemployable due to service-connected disabilities.

The Veteran's initial ratings for left shoulder impingement syndrome and lumbar sprain and thoracolumbar spondylosis have been granted, with a 10 percent rating each effective June 1, 2009.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current low back disorder, with associated hip and leg pain, as well as any current foot disorder. The Veteran's claims for service connection are being remanded.

The Veteran's appeal is being remanded for a Board hearing. The issues include service connection claims for various disabilities.

The Veteran's lumbar spine disability is rated at 20 percent, the maximum schedular rating available. The Board finds that his symptoms do not warrant a higher rating as there are no ankylosis or incapacitating episodes of bed rest prescribed by a physician.

The Board has remanded the case for additional development, including scheduling a Decision Review Officer hearing and issuing a supplemental statement of the case on the reduction rating issue. The Veteran's claims will be readjudicated following these actions.

The Veteran's service-connected lumbar spine disability has not more nearly approximated forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. As a result, the Veteran's claim for a disability rating in excess of 10 percent is denied.

The Veteran's claims for increased ratings and service connection were denied. The right knee condition was not found to warrant a higher rating, while the other issues did not meet the criteria for service connection.

The Veteran's claims for increased ratings for her degenerative disc disease at L4 to S1, left shoulder disability, and left hip disability were denied. The evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board has remanded the case to the RO for a new examination to determine the current severity of the Veteran's service-connected lumbosacral strain, with particular attention to how flare-ups affect his range of motion and ability to function.

The Veteran's claims for service connection for COPD and a higher rating for his lumbar spine disability were granted. The lumbar spine disability is currently rated at 10 percent.

The Board has determined that the Veteran's lumbar spine disorder was not incurred in or aggravated by active military service and is therefore denied.

The Veteran's service-connected disabilities, including PTSD and tinnitus, resulted in unemployability prior to November 10, 2004. The effective date for the TDIU is set at that date.

The Board finds that the Veteran's current back disability is related to his active service and service-connected disabilities, resolving all reasonable doubt in favor of the Veteran.