Back / lumbar spine decisions — 2017

The Veteran's left lower extremity radiculopathy has been rated at 10 percent since April 19, 2007. The Board found that the disability did not more nearly approximate severe incomplete paralysis of the posterior tibial nerve and denied a higher initial rating.

The Veteran has been granted service connection for PTSD and his bilateral shoulder disability. His neck, upper back, hand, knee, and ankle disabilities are not related to active service or service-connected conditions.

The Veteran's low back disability is service-connected and rated at the maximum available benefit. The appeal for increased ratings for PTSD, bilateral hearing loss, and right inguinal hernia has been withdrawn.

The Veteran's service-connected disabilities, including major depressive disorder, have rendered him unable to secure and maintain substantially gainful employment as of August 23, 2016. His TDIU claim is granted effective from that date.

The Board has determined that the Veteran's preexisting low back disability was aggravated by service, and thus service connection is granted.

The Veteran's TDIU claim is being remanded for further development, including a VA examination to assess the combined effects of his service-connected disabilities on his employability.

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

The Board denied a separate compensable rating for a scar associated with the Veteran's service-connected lumbar spine disability, finding that there is no scar related to his back condition.

The Board finds that the Veteran's lumbar spine disorder is not service-connected as it is less likely than not caused by or related to his military service.

The Board found no evidence of a current psychiatric disorder or lumbar spine disorder that was incurred in service. The Veteran's self-reported back pain during service and the absence of any diagnosed condition do not meet the criteria for direct service connection.

The Veteran's lumbar spine disability was rated at 40 percent since September 14, 2011.,The Veteran is found to be unemployable due to his service-connected disabilities.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination to assess the current status of his service-connected low back disability and right sciatica.

The Board has remanded the Veteran's claims for additional development due to insufficient examination reports and other procedural issues.

The Board has remanded the claims for a higher rating for the Veteran's right knee disability, as well as the service connection claims for disabilities of the left knee and low back. The AOJ must review additional pertinent evidence and readjudicate the claims in accordance with the new examination results.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and conducting a new examination.

The Veteran's lumbar strain status post microdiscectomy has not resulted in forward flexion limited to 30 degrees but not greater than 60 degrees, and there is no evidence of ankylosis. Therefore, the criteria for a disability rating in excess of 10 percent have not been met.

The Board has remanded the claims due to incomplete records and a need for further examination of the Veteran's lumbar spine disability. The issues include service connection for a lumbar spine disability as secondary to a service-connected left foot disability, reopening of a claim for headaches, and tinnitus.

The Veteran's appeal has been dismissed as he withdrew his claims through his authorized representative.

The Veteran's cervical spine disability, bilateral shoulder disability, and migraines are related to service. The Board finds that the evidence is in equipoise and grants service connection for these conditions.

The Board has reopened the claims and granted service connection for low back, left knee, and right knee disorders based on continuity of symptomatology since service separation.