Back / lumbar spine decisions — 2017

The Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment consistent with his education, training and work experience. The Board finds the Veteran experienced symptoms of obstructive sleep apnea during service and that his current sleep apnea condition has been determined to be related to sleep issues suffered in service.

The Board has remanded the case for further development due to inadequate medical opinion regarding the relationship between the Veteran's low back disability and service.

The Veteran's service-connected right knee, cervical spine, and lumbar spine disabilities did not render him unemployable prior to April 16, 2012. The Board found that the combined rating of these conditions was less than 70% and thus could not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). As such, the Veteran's claim for a TDIU on an extra-schedular basis prior to April 16, 2012 was denied.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board finds that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment.,The evidence is at least evenly balanced as to whether the Veteran's diagnosed acquired psychiatric disorder is proximately due to his service-connected disabilities.

The Board denied service connection for a back disorder, an acquired psychiatric disorder including depression, and a bilateral leg disorder. The Veteran's claims were not supported by the evidence of record.

The Veteran's collective impact of service-connected lower back disability and left lower extremity radiculopathy has caused marked interference with employment, warranting a single 60 percent combined disability rating on an extra-schedular basis throughout the period of the claim.

The Board has decided to remand the Veteran's claims for service connection for a low back disability and headaches due to outstanding medical records and inadequate VA medical opinions. The case will be returned to the AOJ for further development.

The Veteran's service-connected disabilities do not render her so helpless as to require the regular aid and attendance of another person, nor are they substantially confining her to her home or immediate premises. Therefore, she is not entitled to SMC based on need for aid and attendance or at the housebound rate.

The Veteran's claims for service connection for an acquired psychiatric disorder and for an increased rating for chronic low back strain were denied as a matter of law due to his failure to report for scheduled VA examinations.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the evidence does not support a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Board has determined that additional evidentiary development is necessary prior to adjudication of the issues on appeal, including requesting clarification from the Veteran and his representative regarding whether they wish to appear for a DRO conference or desire a personal hearing before the RO.

The Board found that the Veteran's degenerative arthritis of the lumbosacral spine did not result from service and is not attributable to service.

The Veteran's claims for service connection for various conditions were denied. The Board found that there was no credible supporting evidence of the claimed stressors and no current diagnosis of PTSD. For bilateral pes planus, the Board noted that the disability existed prior to active duty and did not worsen during service.

The Board has granted service connection for a low back disorder and bilateral knee disorder, finding that the Veteran's conditions are related to his active service.

The Veteran's appeal for increased ratings for bilateral hearing loss and chronic low back pain with degenerative changes is dismissed. The Board finds that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).

The Veteran's bilateral sensorineural hearing loss is service-connected. The Board finds that the Veteran did not have a right or left hearing loss 'disability' which existed prior to service, and the Veteran was found to have a right and left hearing loss disability per VA standards during service as demonstrated by May 1966 audiometric readings. As such, the Veteran is entitled to service connection for bilateral sensorineural hearing loss.

The Board has determined that the Veteran's thoracolumbar spine disability did not originate in service and is unrelated to his active duty. The bilateral lower extremity neurological disability and acquired psychiatric disorder are also not shown to be related to service, as they pre-existed service or manifested within one year of discharge.

The Veteran's thoracolumbar spine degenerative joint disease was rated at 20% effective March 20, 2013.

The Board has determined that additional development is needed, including obtaining medical records and scheduling a VA examination for the Veteran's claimed disabilities. The case will be returned to the Board after completion of these actions.