Back / lumbar spine decisions — 2017

The Veteran's low back disability was rated at 20 percent prior to January 26, 2009. The appeal is denied as the evidence does not meet the criteria for a higher rating.

The Board has determined that the Veteran's current low back disability, including degenerative disc disease, low back strain, and paracentral disc bulge, was not present until many years after service and is not related to service.

The Veteran's appeal is remanded for additional development, including scheduling VA examinations and obtaining updated medical records. The TDIU application should also be completed.

The Veteran's back disability is rated at 20 percent from February 3, 2006 to December 10, 2012 and at 40 percent thereafter. His right lower extremity radiculopathy is rated at 40 percent since July 21, 2011. The Veteran's left lower extremity radiculopathy has been rated as non-compensable prior to March 12, 2003 and at 20 percent thereafter.

The Veteran's low back disability is found to have been incurred in service, and the Board grants service connection for this condition.

The Board found no evidence linking the Veteran's right shoulder, left shoulder, back, or right hip disabilities to his service. The claims were denied as there was insufficient medical evidence to support a nexus between these conditions and his military service.

The Veteran's tinea versicolor was first diagnosed and treated during service, meeting the criteria for service connection.

The Board denied service connection for peptic ulcers, thoracolumbar spine disability, cervical spine disability, bilateral carpal tunnel syndrome, and headaches. The decision also found that the Veteran's combined service-connected disabilities do not meet the criteria for a TDIU.

The Veteran meets the schedular criteria for a TDIU and her service-connected disabilities preclude her from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's low back disorder and left leg numbness/radiculopathy are not service-connected as they are not causally or etiologically related to his military service, including any service-connected right and left knee arthritis.

The Veteran's low back disability, diagnosed as degenerative joint disease of the lumbosacral spine, is found to be incurred in active service and granted.

The Board finds that the Veteran was not unemployable due to his service-connected disabilities prior to August 11, 2006. The effective date for a TDIU is fixed in accordance with the facts found and cannot be earlier than the date of claim.

The Veteran's lumbar spine disability was rated at 20 percent prior to July 28, 2016. For the period beginning July 28, 2016, his right and left lower extremity radiculopathy were each rated at 10 percent. The Board denied both increased rating claims.

The Veteran's appeal is being remanded due to the need for a new VA medical examination and opinion regarding his service-connected cervical spine DDD, C6-7, with spondylosis. The claim will be readjudicated after this additional development.

The Veteran's service-connected tension headaches and thoracolumbar strain do not meet the schedular requirements for TDIU, but his individual circumstances and service-connected disabilities have severely affected his ability to secure and retain substantially gainful employment. The case is REMANDED for referral to the Director, Compensation Service for extra-schedular consideration.

The Veteran's low back disability has been rated at 40 percent since September 26, 2016. He is also granted a TDIU effective from that date.,Since December 1, 2012, the Veteran's service-connected low back disability has rendered him unable to secure or maintain any substantially gainful occupation.

The Board has determined that further development is necessary before the claims can be adjudicated.

The Veteran's service-connected disabilities of the bilateral knees, bilateral feet, and low back did not preclude her from securing and following a substantially gainful occupation consistent with her education and occupational background prior to July 2012.

The Veteran's lumbar spine and right femur disabilities have not been found to warrant higher evaluations based on the current evidence of record.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA medical records and scheduling an audiology examination. The issue of TDIU will be addressed after adjudication of the increased rating claim for hearing loss.