Back / lumbar spine decisions — 2017

The Veteran's combined disability rating of 80 percent from June 25, 2007 meets the schedular criteria for a TDIU rating. However, the evidence does not show that he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities.

The Veteran's low back disability has been manifested by incapacitating episodes having a total of 6 weeks during the last 12 months, warranting a 60 percent rating.

The Veteran's cervical spine disability is currently rated as 20 percent disabling, and his migraine disability is rated at 50 percent effective February 1, 2013. The Board denied the Veteran's claims for higher ratings.

The Veteran's lumbar spine disability and associated radiculopathy are rated at 40 percent, but the Board found that he is not unemployable due to his service-connected disabilities as his symptoms do not prevent him from securing or following substantially gainful employment.

The Board denied the Veteran's claims for increased ratings for her service-connected chronic back strain with degenerative disc disease (DDD). The Veteran was previously granted a 20 percent rating effective July 7, 2015. The Board found that prior to this date, her disability warranted only a 20 percent rating based on forward flexion of the thoracolumbar spine being greater than 30 degrees but not greater than 60 degrees and muscle spasms resulting in an abnormal gait.

The Veteran's service-connected disabilities, including radiculopathy, DDD cervical spine, bilateral hearing loss, and DDD cervical spine - left upper extremity, precluded him from securing and maintaining all forms of substantially gainful employment. The Board finds that the criteria for TDIU have been met.

The Board has remanded the case for further adjudication due to an inadequate November 2015 VA examination. The examiner should address whether the Veteran's fractures and degenerative disc disease are related to service.

The Board has determined that the Veteran's lumbar spine disability does not meet or approximate the criteria for a rating in excess of 10 percent since October 2016.

The Board found that the Veteran's back disability was not incurred in service and denied his claim for service connection. The initial rating for tension headaches remains on appeal as a higher initial rating is available before and after April 13, 2017.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including new examinations.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by service, and arthritis may not be presumed to have been incurred therein. The claims for hearing loss and tinnitus are remanded for further development.

The Board has determined that additional development is necessary before the Veteran's claims on appeal can be decided. The case is REMANDED to the AOJ for further action.

The Veteran's lumbar spine disability is rated at 40 percent since September 6, 2013. His right knee disabilities are not entitled to higher ratings based on limitation of motion or instability.

The Veteran's appeal is being remanded for additional development, including new VA examinations to evaluate the current severity of his service-connected lumbar spine and left knee disabilities.

The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the claims.

The Veteran's back disability is presumed to be related to his active service. The issues of entitlement to service connection for hypertension and peripheral artery disease are being remanded due to the need for additional development.

The Veteran's appeal is remanded due to the need for a new medical examination and consideration of his claim for TDIU.

The Board has determined that the Veteran's hypertension did not have its onset in or is otherwise related to his active duty service, and therefore denied the claim for service connection.

The Board found no evidence of a chronic back disability in service and concluded that the current lumbosacral spine disability is not related to military service. The claim for service connection was denied.

The appellant withdrew his appeals for reopening claims of service connection for a low back disability, hepatitis, left knee disability, lung disability, and hypertension. The Board has dismissed these matters as the appeal was withdrawn.