Back / lumbar spine decisions — 2017

The Veteran's claim for a higher rating for his lumbar spine disability was granted, and he is now rated at 20 percent. The TDIU claim was denied.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional development. The TDIU claim is also pending.

The Veteran's spinal disability was productive of incapacitating episodes lasting at least one but less than two weeks in the prior 12 months and a combined range of motion in the thoracolumbar spine not greater than 120 degrees, warranting a 20 percent disability rating from September 4, 2013 to August 9, 2016.

The Veteran's appeal is being remanded for additional development, including a new VA examination of his lumbar spine disability and proper development of the TDIU claim.

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's service-connected disabilities, including his pulmonary condition and multiple musculoskeletal issues, have rendered him unable to secure or maintain substantially gainful employment since September 17, 2013.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of his low back disorder, neck stiffness, and service-connected osteoarthritis, right hip.

The Board has determined that the Veteran's service-connected PTSD results in total occupational and social impairment, warranting a 100% disability rating.

The Board has determined that the Veteran's pes planus existed prior to service but was aggravated during service. The back disorder and adjustment disorder are being remanded for further development.

The Veteran's service-connected conditions have been rated appropriately, with the exception of his persistent adjustment disorder which has resulted in a TDIU and SMC at the housebound rate.

The Board found that the Veteran's right and left shoulder arthritis, as well as his generalized arthritis condition and back condition, are not linked to service or any presumptive conditions. The evidence does not support a finding of chronicity during service or continuity of symptoms after service.

The Veteran's appeal includes multiple issues related to his service-connected disabilities and a request for TDIU. The case is being remanded for scheduling a videoconference hearing before the Board.

The Board has determined that the Veteran's current cervical spine disability is not related to his active duty service and therefore denied his claim for service connection.

The Board found that the reduction in rating for bilateral hearing loss from 20 percent to 10 percent was not proper due to a lack of improvement in the Veteran's ability to function under ordinary conditions. The appeal is denied.

The Veteran's service-connected degenerative disc and joint disease of the lumbar spine is currently rated at 40 percent, which does not meet the criteria for a higher rating. The Board finds that his disability does not warrant an increased rating as it does not result in forward flexion of the thoracolumbar spine less than 30 degrees or unfavorable ankylosis.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment for the entire appeal period.

The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to October 28, 2014 was denied. The preponderance of the evidence showed that the Veteran's low back disability did not meet or approximate the criteria for a higher rating.

The Board has determined that the Veteran's low back disorder and bilateral hip osteoarthritis are caused or aggravated by his service-connected knee disability.

The Board has determined that the Veteran's degenerative joint disease in his lumbar spine and sacroiliac joints is not related to service, as there was no evidence of a chronic condition during or within one year after service.

The Board found that the Veteran's current low back disabilities are not related to his service, and thus denied his claim for service connection.