Back / lumbar spine decisions — 2016

The Board finds that the Veteran's lumbar spine disorder, right upper thigh disorder, and left foot disorder are related to his active military service. The claims for secondary service connection for the right upper thigh disorder and service connection for the left foot disorder have also been granted.

The Veteran is unable to secure or follow substantially gainful employment due to her combined service-connected disabilities, which include migraines, radiculopathies of the upper and lower extremities, thoracolumbar levoscoliosis and herniated nucleus pulposus, hypertension, coccyx neuropathy, and a scar. The Board finds that she meets the criteria for a TDIU based on her combined service-connected disabilities.

The Veteran's right knee collateral ligament strain and low back strain have been evaluated based on their current functional limitations, with no additional compensable ratings granted.

The Board has determined that the Veteran's degenerative disc disease of the cervical spine had its onset in service and is therefore granted service connection.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for left hip and low back disabilities. This includes obtaining medical records, arranging for an examination, and considering whether the Veteran's conditions are related to his military service.

The Veteran's combined rating for his service-connected disabilities is 50%, which does not meet the schedular criteria for a TDIU. However, he may be unemployable due to nonservice-connected conditions (tremors, anxiety, psychotic disorder, major depressive disorder, cardiac conditions). The Board finds that this unemployability is not related to his service-connected disabilities and thus denies the claim.

The Veteran's back disability was rated at 20 percent between November 18, 2005 and November 13, 2008. The Board found that the Veteran had severe functional loss due to pain and limited motion, warranting a higher rating of 40 percent.

The Board denied service connection for back, right hip, and psychiatric disabilities as secondary to the Veteran's service-connected right foot disability. The evidence did not support a finding of direct service connection.

The Board has remanded the case for additional development, including a new VA examination of the spine and obtaining any outstanding medical records. The Veteran's claim for an increased rating for his lumbar spine disability will be reconsidered after these actions.

The Veteran's service-connected back disability and associated radiculopathy of the lower extremities render him unable to secure or follow a substantially gainful employment.

The Veteran's low back disability was initially rated at 20 percent prior to June 30, 2015. After October 17, 2014, the disability was re-evaluated and assigned a 40 percent rating effective from that date.

The Veteran's claims for earlier effective dates for increased ratings of his service-connected lumbar spine disability were denied as there was no increase in the disability within one year prior to the date of claim.

The Veteran's appeal is being remanded to obtain additional medical evidence and to schedule him for a VA examination to assess the severity of his back condition and lower extremity neuropathy.

The Board has determined that a VA examination is necessary to determine the etiology of the Veteran's low back disability and remands the case for this purpose.

The Board has reopened the previously denied claim of service connection for a low back disability and remanded it for further development.

The Board has remanded the case for additional development due to incomplete records and unresponsive mail. The Veteran's claim of service connection for a low back disability will be reconsidered.

The Board has determined that the Veteran's claims for service connection for a low back disability and TDIU must be remanded due to inadequate development, including the need for additional VA examinations.

The Board has ordered a VA examination to determine the nature and etiology of the Veteran's low back disorder, including whether it is related to service or any service-connected disabilities. The appeal will be remanded for this purpose.

The Veteran's service-connected disabilities did not effectively preclude her from securing and following a substantially gainful occupation.

The Veteran's service-connected disabilities do not render him unable to obtain and secure substantial gainful employment, thus his claim for TDIU is denied.