Back / lumbar spine decisions — 2017

The Board finds that there is no evidence to support a finding of service connection for low back strain or degenerative disc disease of the lumbar spine, as the Veteran's STRs do not document any chronic lumbar spine conditions and his current diagnoses are not related to his military service.

The Veteran's lumbar spine disability and bilateral hearing loss are rated at the minimum schedular levels. The Board denied extraschedular consideration for the lumbar spine disability, finding that it does not present such an exceptional or unusual disability picture as to render the regular schedular standards inadequate. For TDIU, the Veteran did not meet the percentage requirements under 38 C.F.R. § 4.16(a).

The Veteran's appeal is being remanded for further development, including obtaining medical opinions regarding the etiology of his lumbar spine disorder and upper extremity neuropathy.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for aid and attendance or housebound status.

The Veteran's claim for a TDIU rating was received within one year of the granting of his other claims (lumbar spine, bilateral hip and PTSD disabilities) for compensation. The earliest date as of which it is ascertainable that the Veteran's service-connected disabilities rendered him unable to engage in substantially gainful employment is November 14, 2008.

The Veteran's back disability, which is currently rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine, has not been shown to warrant a higher rating. The evidence does not demonstrate unfavorable ankylosis or other symptoms that would support a higher rating.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's appeal is being remanded for a videoconference hearing at the Houston, Texas RO. The claims will be returned to the Board after the hearing.

The Veteran's service-connected disabilities, including sinusitis, defective hearing, saddle deformity of the nose and tip collapse, degenerative disc disease, and tinnitus, are found to be sufficient to render him incapable of substantially gainful employment.

The Veteran's service-connected disabilities, including hypertension, PTSD, and low back muscle strain, did not render him unable to secure or follow a substantially gainful occupation prior to June 11, 2009. The Board denied an earlier effective date for the TDIU rating.

The Board has determined that the Veteran's current low back and right knee disabilities are not related to his service, and therefore denied both claims.

The Board has determined that the Veteran's current low back disability is not related to his service or a service-connected right knee disability, and thus denied the claim for service connection.

The Board has determined that a new VA examination and opinion is needed to properly adjudicate the Veteran's claim for service connection of his low back disability. The examiner must consider the Veteran's lay statements regarding symptoms in service, since discharge, and heavy lifting during employment.

The Board has determined that the Veteran's low back disability is not related to his active service and therefore denied his claim for service connection.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment since September 16, 2010. The Board has granted a TDIU effective from that date.

The Board found that the Veteran's lumbar spine disability did not manifest within one year of his separation from active duty service and could not be linked to his service. The preponderance of evidence does not support a finding that the Veteran's current lumbar spine disability is related to his service.

The Board found that the Veteran's low back disability did not have its clinical onset in service and is not otherwise related to service, thus denying his claim for service connection.

The Veteran's appeal is being remanded for further examination and consideration of his claim for TDIU due to service-connected disabilities. The case will be referred to the Director, Compensation and Pension Service, for an extra-schedular evaluation.

The Board has determined that the Veteran's residuals from a head cyst removal are service-connected, but his bilateral foot disorder, lumbar spine disorder, and acquired psychiatric disorder (including depression and PTSD) are not service-connected.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling a VA examination to determine the etiology of the Veteran's lumbar spine disability and bilateral knee disabilities.