Back / lumbar spine decisions — 2017

The Veteran's service-connected disabilities, particularly his PTSD, render him unable to secure and maintain substantially gainful employment due to severe impairment in work functioning.

The Veteran's low back disability, at worst, results in flexion of 20 degrees with pain on movement and without unfavorable ankylosis. The Board finds that the evidence does not support a higher rating than 40 percent.

The Veteran's right wrist scarring is not compensable, but he meets the criteria for TDIU based on his service-connected disabilities.

The Veteran is granted a TDIU due to service-connected disabilities.,The Veteran's left shoulder disability is rated at 20 percent, effective June 18, 2012.

The Veteran's claims for service connection and increased ratings were denied. The Veteran was granted a non-compensable rating for actinic keratosis prior to November 21, 2015, and a 10 percent rating effective from that date.

The Board has remanded the case for further development, including a new VA examination and medical opinion to determine the nature and etiology of the Veteran's claimed low back disability. The claim will be reconsidered after this additional development.

The Board has determined that further action is needed to address the Veteran's claims for service connection for bilateral hearing loss and degenerative arthritis of the lumbar spine. The claims are being remanded to obtain updated medical opinions regarding the etiology of these conditions, as well as additional pertinent records from VA and private sources.

The Board has denied the Veteran's claim for service connection for a low back disorder, finding that there is no evidence of an in-service injury or disease and concluding that his current condition is more likely due to post-service labor-intensive employment.

The Veteran's DDD of the lumbosacral spine has been rated at 40 percent since February 21, 2017. The initial ratings for limited abduction, flexion, and extension of the left hip have also been granted.

The Board found that the Veteran's current lumbosacral and cervical spine disabilities are not related to his active service.

The Veteran's lumbosacral strain was granted a 20% rating prior to January 10, 2013 and a 40% rating between January 10, 2013 and August 19, 2016. The TDIU claim is granted effective from August 19, 2016.

The Veteran's lumbar strain and radiculopathy of the lower extremities have been rated based on their current severity, with no additional ratings granted.

The Board denied a rating in excess of 20 percent for the Veteran's thoracolumbar spine disability, finding that her symptoms more nearly approximated a 20 percent disability rating under the General Formula.

The Board has remanded the claims for service connection for a low back disorder and otitis media due to incomplete development. The Veteran's lay statements regarding her symptoms since service discharge are to be considered, along with her STRs showing treatment for ear pain and an infection in service.

The Veteran's low back disability is currently rated at 10 percent, the minimum rating available under VA guidelines for this condition.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his claimed conditions.

The Board has granted the Veteran's claims of service connection for low back disability, right knee disability, and left knee disability.

The Veteran's chest disability and low back disability were not found to be related to service. The Board denied the claim for a higher rating for PTSD prior to August 13, 2016, and did not address the TDIU issue as it pertained to a period before August 5, 2010.

The Veteran's headaches are found to be related to his service, and the claim is granted. The low back disability and lower extremity neurological disability claims are remanded for additional development.

The Veteran's service-connected chronic lumbosacral strain with spondylosis has been productive of severe pain with functional impairment and limited motion during flare-ups, equivalent to range of motion findings of flexion limited to at least 30 degrees. The Board finds that the criteria for a 40 percent rating are met from September 1, 2010.