Back / lumbar spine decisions — 2017

The Board denied service connection for fibromyalgia and right ear hearing loss, but granted a rating of 40 percent for degenerative joint disease with intervertebral disc syndrome of the lumbar spine from April 26, 2010 to May 26, 2015.

The Veteran's low back disability is rated at 40 percent, effective from the date of his claim. He also has separate ratings for left lower extremity radiculopathy and GERD.

The Veteran's spine injury is rated at 40 percent disabling, effective October 6, 2015. The rating reflects the severity of his disability and aligns with the criteria set forth in the General Formula for Diseases and Injuries of the Spine.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected DJD of the lumbar spine. The RO must also obtain all outstanding VA treatment records, including from Fort Worth VA Outpatient Clinic.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his service-connected low back disability, including any associated neurologic abnormalities. The issue remains on appeal regarding extension of temporary convalescence ratings.

The Veteran's claim for an initial evaluation in excess of 20 percent for degenerative disc disease of the lumbar spine is being remanded due to the need for a new VA examination and updated medical records.

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

The Board has determined that the Veteran's skin disability and lumbar back disability are not related to service, including as secondary to herbicide exposure.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a finding of a nexus between the claimed conditions and active service or service-connected disabilities.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected lumbosacral strain with degenerative disease and arthritis of the right knee.

The Board has remanded the case for further development related to the Veteran's lumbar spine disability and TDIU issues. The Veteran is seeking higher ratings for his service-connected lumbar spine disability, as well as a determination of whether he is eligible for a TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded due to deficiencies in the Board's analysis and need for additional examinations.

The Veteran's acquired psychiatric disorder, right knee disability, and back disability are found to be aggravated by his service-connected disabilities. Service connection is granted for these conditions on a secondary basis.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the severity of his low back disability. The TDIU issue has also been raised and will be addressed in the Remand instructions.

The Veteran's low back disability was evaluated at 20 percent prior to January 11, 1998. The Board found that the evidence did not support a higher rating for this period.

The Veteran's service-connected anxiety disorder is rated at 70 percent, effective February 23, 2012. The Board has granted a TDIU based on the Veteran's psychiatric disabilities.

The Veteran's right ankle, bilateral knee, and left foot disabilities have caused his clothing to wear out faster due to the use of supportive appliances. The Board has found that reasonable doubt should be resolved in favor of the Veteran, granting an annual clothing allowance for these conditions.

The Veteran's service-connected lumbar disc disease with sciatic nerve involvement was granted a 40 percent disability evaluation effective May 24, 2016. The issue of entitlement to TDIU due to service-connected disabilities remains on appeal.

The Board has found that the Veteran's service-connected disabilities do not meet the schedular requirements for TDIU, but refers the issue to the Director of Compensation and Pension Services for extraschedular consideration due to his inability to secure and follow a substantially gainful occupation.

The Veteran's lumbar disc disease with annular bulging is currently rated at 20 percent, the maximum schedular rating available. The evidence does not show that his disability warrants a higher evaluation.