Back / lumbar spine decisions — 2017

The Veteran's claim for TDIU is being remanded due to incomplete information regarding his employment status and the need for further development, including obtaining SSA records and a VA opinion on the impact of service-connected disabilities on employability.

The Board has determined that the VA examinations are inadequate and that a new examination is necessary to decide the claims. Additionally, it was noted that the Veteran's scheduled hearing date was not held due to cancellation without good cause.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment.

The Board has remanded these issues due to inadequate examination and opinion regarding secondary service connection for the low back disability, as well as insufficient testing in the VA knee examination. The Veteran's claims will be reconsidered after additional development.

The Board finds that the Veteran's service-connected low back strain does not warrant a disability rating in excess of 10 percent, as it is manifested by pain and functional loss without ankylosis or other severe impairment. The right lower extremity radiculopathy is also rated at 10 percent.

The Veteran's low back disability was rated at 40 percent effective May 1, 2015.,A higher rating is denied for the entire period of appeal.

The Veteran's claim is being remanded for further development, including a new VA examination to assess the severity of his cervical spine disability and to determine if there are any incapacitating episodes in the past 12 months.

The Board has determined that there is no current diagnosis for the claimed low back, bilateral flat feet, left shoulder, and right shoulder disabilities. The Veteran's claim for service connection for a left knee disability secondary to his right knee disability was also denied as there is no evidence of a diagnosed condition.

The Veteran is granted an effective date of February 26, 2008 for service connection of his low back disability and radiculopathy of the lower extremities.,The Veteran is also granted a rating in excess of 10 percent from February 26, 2008 to October 28, 2012, for his low back disability and radiculopathy of the lower extremities.

The Veteran's appeal is being remanded to obtain a VA examination and additional medical records, including Social Security Administration records. The goal of the remand is to provide an adequate evaluation for his service-connected degenerative disc disease of the lumbar spine prior to January 21, 2010.

The Board has remanded the case for a new hearing due to the Veteran's inability to attend the previously scheduled hearing.

The Veteran's appeal is being remanded for additional development, including scheduling a Travel Board hearing.

The Board has remanded the case for further development, including obtaining SSA records and VA medical opinions to address the Veteran's reported symptoms of decreased manual dexterity, problems with lifting and carrying, difficulty reaching, a bad mood, and pain medication effects for back pain.

The Veteran's appeal is being remanded for additional development and consideration of his claim for an increased disability rating for his service-connected low back disability from May 13, 2014, forward.

The Veteran's claim for TDIU on an extra-schedular basis has been denied as the evidence does not support a finding that he is unemployable due to his service-connected disabilities.

The Board denied service connection for a back disorder in December 2014, and the Court vacated this decision due to insufficient examination regarding congenital defects. The Veteran's claim remains pending.,A VA examiner diagnosed AC osteoarthritis in both shoulders but did not provide an opinion on whether it was related to military service.

The Veteran's appeal is being remanded for additional development, including new VA examinations to evaluate his bilateral knee disabilities and service connection claims.

The Board has determined that the evidence is in equipoise as to whether the Veteran's low back disability, diagnosed as degenerative joint disease of the thoracolumbar spine, is causally related to active service. With resolution of reasonable doubt in favor of the Veteran, the criteria for service connection are met.

The Board has determined that further development is needed to address whether the Veteran's currently diagnosed low back disability was caused or aggravated by his service-connected bilateral residuals of frostbite of the feet. The case is being remanded for this purpose.

The Veteran's appeal was denied as her right foot disability did not meet the criteria for a higher rating under the applicable diagnostic codes. The current 10% rating adequately reflects her symptoms and impairment.