Back / lumbar spine decisions — 2017

The Board has granted service connection for the Veteran's degenerative disc disease of the lumbar spine and found that it is related to his in-service back pain. The issue of entitlement to a total rating due to individual unemployability (TDIU) remains pending.

The Board has remanded the claims due to incomplete development and a need for an addendum VA medical opinion.

The Board has remanded the case for further development due to missing records and inextricably intertwined issues.

The Veteran's claims for initial compensable ratings for his service connected low back and right shoulder disabilities are being remanded due to the failure to report for VA examinations. The claim will be readjudicated after a new examination is conducted.

The Veteran's service-connected DJD of the lumbar spine is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board found that the Veteran's degenerative disc disease of the lumbar spine is not related to his service, but granted service connection for a separate low back disability diagnosed as muscle spasms.

The Veteran's claim for an increased rating for his service-connected low back disability was granted, with a 20 percent evaluation effective June 15, 2010. The TDIU claim was also granted.

The Veteran's combined rating for his service-connected conditions is 90%, meeting the criteria for a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, requesting SSA disability records, scheduling a new VA examination to assess the severity of his thoracolumbar hyperextension strain, and obtaining any outstanding VA and private treatment records.

The Board finds that the Veteran's current back disorders are not related to his military service and denies the claim for service connection.

The Board has determined that the Veteran's tinnitus and back disability are not related to his active service, and thus denied these claims.

The Board has determined that the Veteran does not have current disabilities for bilateral hearing loss, low back disorder, or bilateral shoulder disorder and therefore service connection is denied.

The Veteran's service-connected disabilities, particularly his left wrist and foot conditions, have made him unable to secure or follow a substantially gainful occupation from August 2007 through September 2009. From October 2009 to March 2013 he was able to work but has been unable to do so since April 2013.

The Board has granted the Veteran increased ratings for his left knee, left hip, and lumbar spine disabilities. The left knee disability is now rated at 60 percent, the left hip disability at 30 percent, and the lumbar spine disability at 40 percent.

The Board has determined that the Veteran's low back disability, including bulging disk and degenerative disc disease of the lumbar spine, is related to his military service. Therefore, service connection for this condition is granted.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, as well as a new VA examination to assess the current severity of his lumbar spine and associated radiculopathy disabilities. The temporary total evaluation claim also requires further action.

The Veteran's appeals for increased disability evaluations for the psychiatric, cervical spine, and thoracolumbar spine disabilities have been withdrawn. The Board does not have jurisdiction to review these claims.

The Veteran's lumbar intervertebral disc syndrome and osteoarthritis with right lower extremity radiculopathy were rated at 60 percent since October 8, 2011.

The Veteran's claimed conditions of bilateral pes planus, knee disability (chondromalacia patella), back disability, and hearing loss were not incurred or aggravated during his active military service.

The Veteran's lumbar spine disability is currently rated at 20 percent, the maximum schedular rating available under DC 5242. The RO found that his forward flexion was not limited to 30 degrees or less and there was no ankylosis.