Back / lumbar spine decisions — 2017

The Veteran's claim for TDIU is dismissed as his service-connected colorectal cancer has been assigned a 100% schedular evaluation, rendering the issue moot. The criteria for SMC have not been met due to the absence of additional service-connected disabilities independently rated at 60% or more.

The Veteran's right shoulder condition has not been characterized by limitation of motion at shoulder level or below.,For the entire period on appeal, the Veteran's left lower extremity radiculopathy has been manifest by moderately severe incomplete paralysis of the sciatic nerve with sensory deficits and pain, numbness, and tingling; those symptoms have not been productive of severe incomplete paralysis.

The Veteran's low back strain has been manifested by forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees and without muscle spasms, localized, or guarding; or any incapacitating episodes due to IVDS. The current 10 percent rating adequately reflects his symptoms.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as they do not preclude substantially gainful employment.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's lumbar spine disability is currently rated at 40 percent, which adequately reflects the severity of his condition.,The Veteran's right and left lower extremity radiculopathy are both currently rated at 40 percent each, which does not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for further development due to inadequate examination in the original rating decision.

The Veteran's claim for increased rating of her degenerative disc disease of the lumbar spine was granted, with a current non-compensable disability rating. The right foot disorder claim is considered part of this appeal and remains on hold.

The Board has denied the Veteran's claims for service connection for right hip osteoarthritis, left hip osteoarthritis, and a low back disorder due to lack of evidence showing these conditions were incurred in or aggravated by service.

The Veteran's service-connected disabilities, including PTSD, degenerative joint disease of the thoracolumbar spine, prostate cancer residuals, traumatic arthritis of both knees, tinnitus, epididymitis, otitis externa of the left ear, deformity of the right great toenail, and erectile dysfunction, rendered him unable to secure or follow any form of substantially gainful employment prior to April 1, 2013.

The Veteran's back disability is rated at 40 percent, effective as of the date of this decision. The Board also granted a TDIU based on his service-connected disabilities.

The Veteran's headaches are rated at 50 percent since the beginning of the appeal period, and he is granted a TDIU prior to September 11, 2015.

The Board has granted service connection for lumbosacral degenerative disc disease with radiculopathy, left hip replacement residuals, and right hip replacement residuals. The claims of entitlement to service connection for bilateral flat feet, pneumonia, bilateral hearing loss, left knee anterior cruciate ligament reconstruction residuals, right knee degenerative joint disease, and tinnitus have been dismissed due to lack of jurisdiction upon the Veteran's death.

The Board has determined that the Veteran's current cervical spine disability is not related to service or his service-connected lumbar spine degenerative joint disease, and therefore denied both direct and secondary service connection.

The Board finds that the Veteran's back and bilateral knee disabilities are not related to his service. The medical evidence of record does not support a finding that these conditions began during or were otherwise caused by his military service.

The Board has remanded the case for further development due to inadequate medical opinions and need for additional evidence.

The Board found that the Veteran's current low back condition is not related to his military service and denied his claim for service connection.

The Veteran's thoracolumbar spine disability is rated at 40 percent prior to August 10, 2010, and at 40 percent thereafter. His subjective bilateral lower extremity radiculopathy is also rated at 40 percent.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his right femur fracture was not caused by carelessness or negligence on the part of VA medical facility. The Board also found no evidence supporting a claim under 38 U.S.C.A. � 1151.

The Veteran's tinnitus claim is granted with an effective date of August 1, 2009.,His right middle finger disability is rated noncompensably disabling.