Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment, and therefore grants an extraschedular total disability rating based on individual unemployability.

The Veteran's right ilium scar was granted a 10 percent rating since June 20, 2008. The low back strain prior to November 7, 2013, warranted a 10 percent rating; however, the claim for an increased rating since that date is denied.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease (DDD) cervical spine was denied as the current evaluation of 30 percent is considered to be the maximum available under VA regulations.

The Board found that the RO's original grant of service connection for lumbar strain was clearly and unmistakably erroneous due to pyramiding, resulting in a proper severance of service connection. The Veteran's lumbar spine disability is currently rated at 10 percent based on limitation of motion.

The Veteran's lumbar spine degenerative changes resulted in limitation of motion, warranting a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's service-connected degenerative disc disease of the cervical spine was rated at 10 percent prior to July 22, 2014. Since then, he has been assigned a 30 percent rating effective July 22, 2014.

The Veteran's appeal is being remanded to schedule a videoconference hearing before the Board of Veterans' Appeals due to his request. The issues remain on appeal for increased ratings for migraine headaches, cervical spine strain, and thoracolumbar spine strain.

The Veteran's service-connected disabilities did not preclude him from obtaining and retaining substantially gainful employment during the appeal period.

The Board has determined that the Veteran's lumbar spine disorder is related to his military service and grants service connection for this condition.

The Board has determined that the Veteran's low back disability is not related to his active duty service and denied service connection for this condition. The claim for an initial rating in excess of 10 percent for right knee instability remains pending.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and Social Security Administration disability benefits records.

The Board has granted service connection for right ankle tendonitis and arthritis, as well as lumbar spine degenerative arthritis and intervertebral disc syndrome, both secondary to the Veteran's service-connected bilateral knee disorders. The acquired psychiatric disorder is not found to be related to his service or any service-connected disability.

The Veteran's low back disability, rated as 20 percent disabling under the General Formula for Diseases and Injuries of the Spine (General Formula), does not meet or approximate criteria for a higher rating based on forward flexion limited to 30 degrees or less, ankylosis of the spine, or incapacitating episodes. The current 20 percent rating is therefore maintained.

The Veteran's back disability is rated at 10 percent, and his right and left lower extremity radiculopathy are each rated at 10 percent. The Board has determined that the current ratings adequately reflect the severity of the disabilities.

The Veteran's claim for service connection for a lower back disability has been denied as the evidence does not support a finding of service connection based on direct service connection.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's diabetes mellitus, type II, is currently rated as 20 percent disabling. The Board finds that the evidence does not support a finding of regulation of activities required for a higher rating under Diagnostic Code 7913. As such, an initial rating in excess of 20 percent for diabetes mellitus, type II, is denied.

The Board has determined that the Veteran's hypertension, sleep apnea, and lower back disability are related to his military service.

The Board has granted service connection for low back disorder, bilateral hearing loss, and tinnitus. The claim of reopening the previously denied low back disorder was also granted.

The Board has determined that the Veteran's lumbar spine condition did not occur during her active duty service and is not related to any in-service injury or event. The preponderance of evidence does not support a finding that the current disability is related to military service.