Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for further development and consideration of his claims, including obtaining additional medical records and scheduling a travel board hearing.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of engaging in sedentary employment.

The Veteran's claims for increased ratings for his service-connected lumbar degenerative joint disease and TDIU prior to August 3, 2009 are being remanded due to the need for additional development of medical records.

The Board denied service connection for a cervical spine disability and found that the Veteran's lumbar spine disability did not warrant ratings in excess of those assigned.

The Veteran's back disability was rated at 20 percent prior to October 12, 2015. As of October 12, 2015, the rating was increased to 40 percent for his low back disability. The radiculopathy of the right lower extremity remains rated at 10 percent.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbar spine with subjective left lower extremity radiculopathy was denied as there is no evidence of ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's claims for higher initial ratings for cervical radiculopathy of the bilateral upper extremities are being remanded due to the need for additional development, including a new VA examination.

The Board has remanded the claim for a TDIU due to incomplete development of evidence, including lack of an opinion addressing combined effects of all service-connected disabilities on employment and impact/significance of associated medications.

The Board has denied the Veteran's claims for service connection for lumbar degenerative arthritis, degenerative joint disease of both ankles, and chondromalacia with x-ray evidence of degenerative joint disease of both knees. The Board found that there is no medical evidence showing a link between these conditions and service.

The Veteran's claim for service connection for a back disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board found no evidence of an in-service injury or disease related to the Veteran's back disability and concluded that service connection is not warranted.

The Board has determined that the May 2013 VA examination needs to be reviewed and clarified regarding continuity of symptomatology since service. The claim for an acquired psychiatric disorder is inextricably intertwined with the back claim, so it must also be remanded.

The Veteran's low back disability is rated at 40 percent effective March 17, 2016. Prior to that date, he was rated at 10 percent for the period prior to March 17, 2016. The Veteran's tension headaches are now rated as 10 percent disabling.

The Board denied service connection for sexual dysfunction as it was not related to service or service-connected PTSD. The Veteran's lumbar spine degenerative disc disease is rated at 20 percent, but the evidence does not support a higher rating based on functional loss due to pain.

The Veteran's service-connected lumbar spine disability did not render him unemployable during the appeal period, as he was gainfully employed throughout most of the rating period and marginally employed for a portion of it. The Board denied his claim for TDIU.

The Veteran's combined disability rating is 80 percent from May 20, 2015. The Board finds that the evidence is at least in equipoise as to whether the Veteran is limited to no more than marginal employment due to his service-connected lumbar spine disability and therefore grants a TDIU effective May 20, 2015.

The Board has determined that the Veteran's right hand fifth metacarpal fracture is related to his service-connected left knee disability. The low back disability was not incurred in or aggravated by active service and is not otherwise related to a service-connected condition.

The Board has determined that the Veteran's claims for service connection for osteopenia, cervical spine disorder, eye disorders (including cataracts and glaucoma), cholesterol disorder, and back disorder are denied as there is no medical evidence establishing a link between these conditions and his military service.

The Veteran's lumbar spine disability is characterized by limitation of flexion to more than 30 degrees without ankylosis. The Board found that the current rating of 20 percent adequately reflects his functional impairment.

The Veteran's claims for an extraschedular rating prior to October 14, 2008 and a higher rating from that date were granted. Service connection was established for bilateral knee disorders.