Back / lumbar spine decisions — 2017

The Veteran's service-connected lumbar spine, fibromyalgia, and left knee disabilities have caused unemployability since October 9, 2008. The TDIU claim is granted effective from that date.

The Veteran's service-connected disabilities do not meet the minimum percentage requirements for award of a schedular TDIU, and these disabilities are not shown to prevent him from obtaining or retaining substantially gainful employment.

The Board has remanded the case due to inadequate examination and reasoning in the previous decision, requiring a new VA examination to determine if there is an etiological link between the Veteran's service and his current right wrist and low back disabilities for purposes of establishing direct service connection under 38 C.F.R. § 3.303(d).

The Board has ordered a new examination to assess the current severity of the Veteran's service-connected low back disability due to inadequate testing in the previous VA examination. The Veteran is also requested to provide updated records of his treatment for this condition.

The Board has ordered additional VA examinations and remanded the case for further development due to incomplete follow-up on scheduled exams.

The Veteran's service-connected disabilities preclude him from securing or following substantially gainful employment consistent with his education and industrial background, and the Board grants a TDIU.

The Veteran's adjustment disorder with anxiety and insomnia is rated at 50 percent, while his low back disc herniation is rated at 50 percent prior to March 7, 2012, and 20 percent thereafter. The right lower extremity radiculopathy is not rated higher than 40 percent.

The Veteran's service-connected lumbar spine disability is rated at 40 percent, which does not meet the requirements for a TDIU based on schedular criteria. The Board finds that the evidence does not support a finding of unemployability due to his service-connected disability alone.

The Board has ordered a remand for additional development due to the inadequacy of the August 2016 VA examination, which did not include testing in both active and passive motion, or quantify the effects of pain on range of motion measurements.

The Board has remanded the Veteran's claim due to insufficient range of motion findings and the need for updated VA treatment records. The claim will be reconsidered after these additional actions are completed.

The Veteran requested to withdraw his appeal regarding the increased rating for service-connected back disorder prior to December 13, 2016 and as of that date.

The Board has determined that the Veteran's current low back and neck disabilities were not incurred in or aggravated by service, and therefore denied his claims for service connection.

The Board found no relationship between the Veteran's current back disability and his military service, including no credible evidence of continuous or recurrent symptoms during active service or following service separation. The claim for service connection was therefore denied.

The Board has remanded the Veteran's claims for a higher rating for lumbar spine disability, a higher rating for tension headaches, and TDIU due to additional development. The Veteran is scheduled for a hearing before the Board via live videoconference.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a lumbar spine disorder. The remaining claims are denied.

The Board has reopened the claim for service connection of a low back disability and is considering other issues. The decision on these claims is pending.

The Veteran's appeal for a rating in excess of 20 percent for right foot cuboid syndrome has been dismissed as the appellant, through his authorized representative, withdrew the appeal.

The Veteran's lumbar spine disability is rated at 20 percent, effective July 9, 2013. His bilateral lower extremity radiculopathy is currently rated at 10 percent.

The Board has determined that the Veteran's lumbar spine disability did not develop as a result of an event, injury or disease during active service and is not related to any incident in service. As such, the claim for service connection for a lumbar spine disability is denied.

The Board has remanded the case due to missing VA treatment records from 1976, and the Veteran's claim for service connection for a low back disability will be returned to the AOJ for further action.