Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims for an extraschedular rating for low back pain, a separate rating for neurologic abnormalities associated with his service-connected low back disability, and TDIU. The Veteran's disabilities are rated as 40% combined.

The Veteran's cervical spine DDD and associated cervicalgia have not met the criteria for a higher evaluation.

The Board has determined that the appellant does not have qualifying service with the Armed Forces and is therefore ineligible for VA compensation benefits related to a left shoulder disability. For the low back and left leg disabilities, there is no evidence of an in-service injury or disease, and the current conditions are not shown to be related to active duty service.

The Board denied the Veteran's claim for service connection for a back disability, finding that new and material evidence had not been submitted to reopen the claim. The case is being remanded for additional development.

The Board has determined that the Veteran's current low back disability is unrelated to service and denied his claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and arranging for a VA examination to evaluate the severity of his service-connected degenerative disk disease of the lumbar spine and radiculopathy.

The Veteran's low back disorder, including lumbar spine degenerative disc disease and chronic degenerative changes at L1-L2 with mild scoliosis, was not incurred or aggravated during service. The Board finds the evidence against a finding that this condition is related to service.

The Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation.

The Board found no evidence of a right knee disorder, left knee disorder, or low back disorder related to service. The Veteran's current bilateral ankle disorders are not considered service-connected.,Veteran's claims for service connection were denied as there is insufficient medical evidence linking the claimed conditions to his military service.

The Veteran's appeal is being remanded for additional development to determine his ability to secure and follow substantially gainful employment due to his service-connected disabilities.

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

The Board found that the Veteran's thoracolumbar spine condition and right hand injury with laceration are not related to his active service or any period of ADT/IDT. As a result, these claims have been denied.

The Veteran's PTSD with anxiety and depression associated with TBI was granted a 50% rating, effective August 11, 2011. The RO also granted an increased initial rating of 70% for PTSD with anxiety and depressive disorder in December 2015.

The Veteran's thoracolumbar disability results in an additional impairment in his ability to work beyond the 20 percent schedular criteria already awarded, but reduction of ability to function in a work setting is not shown to be reduced beyond one-third efficiency. The Board finds that the preponderance of the evidence does not support an extraschedular rating higher than 10 percent for thoracolumbar disability.

The Board has determined that the Veteran's lumbar spine DDD warrants a 40 percent evaluation from November 13, 2014, based on his current range of motion and findings.

The Veteran's claim for increased ratings for his lumbar spine disability is being remanded due to the need for additional development, including obtaining an opinion regarding range of motion during flare-ups and in non-weight-bearing positions.

The Veteran's GERD and depression associated with lumbar disc disease have been rated based on their current manifestations, but do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case for further development and review, including a VA examination to assess the impact of service-connected disabilities on employment. The TDIU claim will be adjudicated in conjunction with the psychiatric disorder issue.

The Board has determined that the Veteran's lumbar spine and left hip disabilities are not related to his service-connected traumatic arthritis of the left knee, and thus cannot be granted service connection on a secondary basis.

The Board has remanded the Veteran's claims due to insufficient development and need for further examination.