Back / lumbar spine decisions — 2017

The Veteran's TDIU is granted with an effective date of May 5, 2006. The claim for extra-schedular consideration on a TDIU prior to this date is referred to the Director, Compensation Service.

The Veteran's lumbar spondylosis/laminectomy disability was initially rated at 10 percent from November 23, 2005 through February 11, 2008. Beginning on April 1, 2008, the Veteran is now rated at 20 percent for this condition.

The Board has decided that the Veteran's claims for service connection for a low back disability and radiculopathy of the left lower extremity, secondary to a low back disability need further development due to outstanding VA treatment records and clarification of etiology.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and updating the claims file with any outstanding records.

The Veteran's bunions of the right toe, status post multiple bunionectomies, with degenerative joint disease are currently rated at 10 percent and his degenerative joint and disc disease of the lumbar spine is rated at 20 percent. The appeal for increased ratings has been denied.

The Veteran's low back disability was initially evaluated at 10 percent prior to September 9, 2014. From that date until May 27, 2016, the disability was rated at 20 percent.

The Board has granted service connection for recurrent right shoulder injury residuals including post-operative clavicular dislocation residuals and right humeral fracture residuals, but denied the claim of entitlement to service connection for a right hip disability. The Veteran's right shoulder injuries are considered to be related to his service-connected right knee osteomalacia.

The Board has ordered additional development due to inadequate compliance with previous remand directives, including obtaining updated VA medical records and a VA medical addendum opinion. The claim will be reconsidered after these actions.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a low back disorder. The Veteran's current low back disability is being evaluated based on its direct relationship to his military service.

The Board has determined that the Veteran's low back and neck conditions are not related to service, and therefore denied his claims for service connection.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative arthritis and intervertebral disc syndrome was granted, effective February 21, 2013. The initial evaluation is now 40 percent.,Right lower extremity radiculopathy associated with the service-connected lumbosacral strain has been rated at 20 percent since February 21, 2013.,The Veteran's claim for TDIU prior to February 21, 2013 was granted.

The Veteran's appeal has been dismissed as he withdrew his appeals regarding all issues on appeal.

The Veteran's lumbosacral spine disability is rated at 40 percent since December 10, 2015. The Board found that the evidence did not support a higher rating based on functional loss or incapacitating episodes.

The Veteran has withdrawn his appeals for the issues involving increased ratings for right ankle sprain, herpes simplex and atopic dermatitis, duodenal bulb ulcers and reflux esophagitis prior to February 6, 2015, tinea pedis, and the appeals to reopen claims of service connection for low back pain, phimosis, right knee disorder, chest pain, and anemia.

The Veteran's appeal is being remanded for a Board videoconference hearing. The issues include seeking higher ratings for low back strain, service connection for PTSD and migraines, left knee disability, and residuals of wrist fracture.

The Board has granted service connection for tinnitus and PTSD. The remaining issues require additional development, including obtaining medical records and scheduling an appropriate VA examination.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected back disability, including any impact on occupational functioning. The case will be readjudicated after this additional development.

The Veteran's claims for sleep apnea and a low back disorder are being remanded to obtain additional records. The claim for PTSD is also being remanded as an SOC has not yet been issued.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment consistent with his level of education and occupational experience, and the Board finds that he is unemployable due to these conditions.

The Veteran's lumbar spine disability is rated at 40 percent since August 26, 2013. The rating for right lower extremity sciatica remains at 10 percent.