Back / lumbar spine decisions — 2017

The Veteran meets the schedular requirement for a TDIU rating due to his service-connected disabilities, and based on his work experience and education, he is unemployable. The VA examiner concluded that the severity of the multiple service-connected disabilities render the Veteran incapable of obtaining and retaining substantially gainful employment.

The Veteran's lower back disability was granted an initial rating of 20 percent effective January 6, 2014. The claim for radiculopathy of the left lower extremity was also granted with a separate effective date.

The Veteran's chronic lumbosacral strain warrants a 40 percent rating since May 27, 2015. The neurological symptoms are not service-connected.

The Veteran's lumbosacral strain with spinal stenosis and degenerative disc disease was rated at 40 percent effective December 10, 2011. The Board also granted a TDIU as of April 17, 2012.

The Veteran's service-connected disabilities, including obstructive sleep apnea and degenerative disc disease of the lumbar spine, prevented him from engaging in substantially gainful employment prior to December 21, 2011. The Board granted a TDIU on an extraschedular basis for this period.

The Board found that the Veteran does not have a low back condition that is etiologically related to his military service and therefore denied his claim for service connection.

The Veteran's service-connected lumbar degenerative joint disease, left hip arthritis, left knee strain, and left ankle ligament sprain do not render him unable to obtain or maintain substantially gainful employment.

The Veteran's bilateral foot disorder is related to a period of service and the Board has granted service connection for this condition.

The Veteran's lumbar spine disability has been rated at 10 percent, which is the maximum schedular rating available under VA regulations. The Board found that his symptoms did not warrant a higher rating due to the lack of significant functional impairment.,For his left ring finger disability, he was already in receipt of the maximum noncompensable rating (0%). The examiner noted slight reduced range of motion and no indication of total loss of use of the finger. Therefore, an increased rating is not warranted.

The Board finds that the evidence supports service connection for lumbar spine DDD and degenerative changes, as well as bilateral hip disability. Further examination is needed to determine if left knee and left foot disabilities are related to service.

The Board has reopened the Veteran's claim of service connection for scoliosis and granted an initial rating of 20 percent for his degenerative joint disease (DJD) of the lumbar spine. The issues remain pending, including whether new and material evidence supports reopening the scoliosis claim.

The Veteran's claims for service connection and increased ratings are being remanded due to incomplete records, including his service personnel records. The AOJ must attempt to obtain these records from the NPRC and any other appropriate repositories.

The Board found that the Appellant's low back disability existed prior to his enlistment and was not permanently aggravated by any period of active duty training. The claim for service connection is denied.

The Board has remanded the case due to inadequate examination and missing neurological evaluations.

The Veteran's appeal involves multiple service-connected conditions, including cervical strain, tension headaches, right hip disability, and right hand disability. The Board has determined that additional examination and opinion are needed to address the relationship between these disabilities and active military service.

The Board denied the Veteran's claims for service connection for hypertension and a psychiatric condition, finding no evidence of their onset during service or secondary to a service-connected disability. The claim for service connection for a low back condition was also denied as there is no current diagnosis in the low back aggravated by or incurred coincident with service.,The Board noted that while the Veteran had complaints of back pain and diagnoses of dorsolumbar scoliosis during service, these were not shown to have preexisted service. The VHA expert concluded that any current degenerative disc disease is not related to service.

The Veteran's claims are being remanded due to the need for a VA examination and additional development of his service-connected lumbar spine, right knee, and left knee disabilities.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The claims to reopen previously denied claims of entitlement to service connection for erectile dysfunction and diabetes were also denied.

The Veteran's chronic lumbar strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted as his range of motion does not meet the criteria for an increased rating.

The Board finds that the Veteran's current cervical and lumbar spine disorders are likely exacerbated by his service-connected thoracic injury with Scheuermann's disease, compression fractures of T-9 and T-10, with wedging deformities, T7-T9. Therefore, service connection for these conditions is granted as secondary to a service-connected disability.