Back / lumbar spine decisions — 2017

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

The Veteran is entitled to a TDIU since April 29, 2015 due to his service-connected disabilities resulting in a combined rating of 60 percent.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board found that the appellant's service-connected lumbar spine disc disease did not warrant a rating in excess of 20 percent, as her disability was manifested by forward flexion greater than 30 degrees and combined range of motion of 125 degrees or more.,For cervical spine disc disease prior to October 1, 2010, the appellant's disability was rated at 10 percent; from October 1, 2010, it was rated at 20 percent. The Board found that these ratings were appropriate given her range of motion and lack of incapacitating episodes.

The Veteran's head injury in service resulted in an acquired psychiatric disorder, which is now considered a compensable rating for residual scarring over the right eyebrow. The Board also granted service connection for residuals of a head injury resulting in an acquired psychiatric disorder and polyneuropathy as secondary to the head injury.

The Veteran's TDIU claim was denied as his service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Board has remanded the case for additional development due to a hearing request and pending appeal to the Court.

The Veteran's claim for a right shoulder disability is reopened, and he is granted a 10% rating for his left wrist disability since April 24, 2007. The Board also grants the Veteran TDIU based on service-connected lumbar spine disability.

The Board denied the Veteran's claims for service connection for PTSD, a low back disability, tinnitus, and bilateral hearing loss. The decision also addressed issues related to reopening his claim for PTSD.

The Board has granted a TDIU rating effective from December 2008 and an extraschedular rating for the Veteran's low back disability. The decision also found that her service-connected conditions have prevented her from securing or following substantially gainful employment.

The Veteran's appeal regarding an increased evaluation for a lumbar spine disability has been dismissed due to her withdrawal of the claim. The case is being remanded for further development and consideration of her left lower extremity radiculopathy.

The Veteran's appeal has been withdrawn by the Veteran prior to a decision being made.

The Veteran's claim for an earlier effective date for TDIU was denied as he did not meet the schedular requirements for a TDIU prior to November 21, 2008.

The Veteran's back, right shoulder, and left shoulder disabilities were evaluated by the Board. The Veteran did not meet the criteria for a disability rating in excess of 20 percent for any of his service-connected conditions.

The Board has determined that the Veteran's bilateral total knee replacement, low back disability and sciatic nerve disability did not have their onset in service or are otherwise related to service. The evidence does not support a finding of service connection for these conditions.

The Board has determined that the Veteran's low back and right knee disorders are related to his active service, granting service connection for these conditions.

The Veteran's claims for service connection for bilateral ankle arthritis and a bilateral hand disability were denied. The claim for an increased evaluation in excess of 10 percent for degenerative disc disease at L5-S1 with intervertebral disc syndrome prior to May 27, 2008 was also denied. However, the Veteran's claim for an increased evaluation in excess of 20 percent for this disability from May 27, 2008 onwards remains pending.

The Veteran's claim for special monthly pension based on the need for aid and attendance/housebound benefits was denied as he did not meet the criteria for such benefits due to his ability to perform most daily activities with some assistance.

The Veteran's appeal is being remanded for further development, including scheduling a video-conference hearing at the RO.

The Veteran's PTSD is found to be related to his in-service stressor, and he is granted service connection for this condition. However, the back disability is not found to be related to service.