Back / lumbar spine decisions — 2017

The Veteran's back disability was rated at 20 percent effective September 4, 2013. Service connection for tingling and numbness of the right and left lower extremities were denied.

The Board denied service connection for bilateral hip disorder and low back disorder, finding no current diagnosis or medical nexus to service.

The Board has remanded the case for additional development, including obtaining updated medical records and employment information. The Veteran's claim for TDIU will be reconsidered after these steps.

The Board has granted an earlier effective date of December 1, 1999 for a grant of TDIU based on the Veteran's service-connected disabilities.

The Veteran's degenerative disc disease of the lumbar spine has been rated at 20 percent since November 11, 2008. The Board finds that his condition does not warrant a higher rating as there is no evidence of ankylosis or limitation of motion beyond what is already reflected in the current 20 percent rating.

The Board denied the Veteran's claims for increased rating of lumbosacral strain and TDIU prior to February 6, 2017. The claim for service connection for amputated right index finger was not addressed due to a pending hearing.

The Board has determined that the VA examinations and opinions provided were inadequate, and thus a new examination is required for both the back disability and irritable bowel syndrome claims.

The Veteran's claims for service connection are being remanded due to the need for additional development and consideration of his in-service injuries and subsequent symptoms.

The Veteran's fibromyalgia was rated at 20 percent prior to April 24, 2013 and at 40 percent thereafter. The Board found that the Veteran is not unemployable due solely to his service-connected disabilities.,The Veteran's TDIU claim has been granted.

The Board has denied the Veteran's claims for service connection for pernicious anemia, prostate disability, and back disability. The Board found no evidence of a current diagnosis of pernicious anemia or prostate disability, and concluded that any diagnosed disabilities were not related to active service.

The Board denied the Veteran's claim for service connection for a lower back condition, to include arthritis, finding that there is no probative evidence showing a link between his in-service injury and his current condition. The VA examiner concluded it was less likely than not that the Veteran's lower back disorder, including arthritis, was incurred or caused by any injury during military service.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective from July 26, 2017. The Board found that the evidence did not support a higher rating for any period.

The Veteran's claim for an increased rating for her service-connected degenerative disc disease of the lumbar spine is denied. The effective date for a 40 percent disability evaluation remains December 17, 2008.

The Veteran's claims for service connection for right elbow condition, right hand condition, colds, and headaches have been denied as there is no current diagnosis or persistent symptoms of these conditions. The claim for a disability evaluation in excess of 10 percent for lumbar strain remains pending.

The Veteran's left knee tendonitis is now rated at 20 percent, effective September 3, 2015. Her herniated disc of the lumbar spine with osteoporosis is also rated at 20 percent, effective November 6, 2014.

The Board finds that the Veteran's current lumbar spine disability did not have its onset in service and is not otherwise related to active duty. The claim for secondary service connection for bilateral lower extremity disability is denied as there is no evidence of a current disability or continuity of symptomatology since service. The reduction of the Veteran's TBI rating from 10 percent to non-compensable was improper, and the 10 percent rating is restored.

The Veteran's service-connected low back disability is causing left and right lower extremity radiculopathy, which has been granted as secondary to the service-connected condition.

The Veteran withdrew his appeals for the issues of service connection for cervical spine, right lower extremity condition, left lower extremity condition, and lumbosacral spine conditions.

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 low back disorder is related to service, and he is granted service connection for this condition. For his bilateral hearing loss, the Veteran is also granted service connection.

The Veteran's appeal is remanded due to incomplete VA medical records and the need for additional examination. The TDIU claim is part of his increased rating claim.