Back / lumbar spine decisions — 2017

The Veteran's TDIU claim is dismissed as moot due to the grant of SMC based on his 100% schedular rating for schizophrenia and additional disabilities rated at 60% or more. For the period prior to January 31, 2007, the criteria for a TDIU are not met.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development and consideration of the issues of service connection for a low back disability and a bilateral foot disability, with an emphasis on whether there is evidence suggesting that a pre-existing low back disability underwent an increase in underlying pathology during service.

The Veteran's low back disability is rated at the highest possible under the applicable diagnostic codes based on limitation of motion, with higher ratings requiring ankylosis. The Board finds that the evidence supports a grant of a 40 percent rating for the entire appeal period.

The Veteran's GERD had its onset in service and the Board has granted service connection for this condition. The other issues on appeal are addressed in the remand section following the decision.

The Veteran's right lower extremity radiculopathy rating was reduced from 20 percent to 10 percent effective January 18, 2008. The Veteran's increased rating claim for right lower extremity radiculopathy and TDIU claims were denied due to failure to report for scheduled VA examinations.,The Veteran's degenerative disc disease of the lumbar spine was not rated in excess of 40 percent.

The Board found no evidence of a nexus between the Veteran's lumbar spine disabilities and his active or National Guard service, nor did it find any aggravation of pre-existing conditions. Service connection was denied.

The Board finds that the Veteran's back disability is incurred in active duty service and grants service connection for a back disability.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to service. The case will be remanded for a new VA examination.

The Veteran's arthritis of the lumbosacral spine has been rated at 20 percent since February 7, 2005. The Board finds that his disability does not warrant a higher rating as it does not meet the criteria for a 40 percent evaluation based on limitation of motion or unfavorable ankylosis.

The Board has remanded the case due to inadequate reasons or bases in denying a higher rating for lumbar disc disease, specifically with regard to the functional loss experienced by the Veteran during pain flare-ups. The Veteran is to be afforded another VA examination that fully satisfies the requirements of Sharp and Correia.

The Veteran's back disability is currently rated at 40 percent, the highest available rating under VA guidelines for this condition. The evidence shows that his symptoms include muscle spasm and guarding severe enough to cause an abnormal gait with additional functional loss due to pain and flare-ups.

The Veteran's PTSD claim is denied as there is no current diagnosis of PTSD.,Service connection for a low back disability is denied as the evidence does not show that it had onset in service or is otherwise related to active duty.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's low back and left hip disabilities, which are service-connected.

The Board has found that the Veteran's bilateral knee chondromalacia was caused by his service-connected bilateral pes planus with plantar fasciitis, and therefore grants the claim for service connection.

The Board denied service connection for a low back disability and hypertension in May 1998, which became final. The Veteran attempted to reopen these claims multiple times but new evidence did not meet the criteria for reopening.,The claim of service connection for a left shoulder disability was granted as it is related to an injury during active duty.

The Board has determined that additional development is needed to determine the nature and cause of the Veteran's urinary incontinence, including whether it is related to her service-connected lumbar spine disability. The case will be remanded for further action.

The Board has granted a 30 percent initial disability rating for the Veteran's service-connected sinusitis, effective from February 28, 2007 to May 5, 2017. The claim for service connection for migraine headaches remains denied.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for his lumbar spine disability, radiculopathy of the lower extremities, or knee disabilities during any portion of the appeal period.

The Veteran is seeking service connection for a low back disability, which they believe is related to their service-connected left ankle disability. The Board has determined that further development is needed as there is insufficient evidence regarding the etiology of the Veteran's current back disability.