Back / lumbar spine decisions — 2017

The Veteran's lumbar spine disability is rated at 20 percent, effective January 6, 2016. The current rating adequately reflects the severity of his condition.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed back disability and bilateral hip disability.

The Veteran's service connection claims for various joint disabilities, including arthritis of the hands, feet, legs, and shoulders, were granted. The conditions are considered to be due to natural progression or injury during service.

The Veteran's bilateral lower extremity radiculopathy is at least as likely as not caused or aggravated by his service-connected low back disability.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined disability rating is only 70 percent, which does not meet the requirement of at least one disability rated at 40 percent or more with a combined rating of 70 percent or more. The Board finds that the Veteran is not unemployable solely due to service-connected disabilities.

The Board has determined that the Veteran is not in need of regular aid and attendance, as he can perform most activities of daily living without significant assistance.

The Veteran is entitled to an initial compensable rating for his lumbosacral strain with myofascial pain of the mid back around the scapulae, and a TDIU effective November 30, 2011.

The Board has determined that the Veteran's low back disorder clearly and unmistakably preexisted service and was not aggravated by service, thus rebutting the presumption of soundness at entry. As a result, the claim for service connection is denied.

The Board has restored the Veteran's 40 percent rating for low back pain, muscular with productive and degenerative changes from September 1, 2017. The Board also granted entitlement to a TDIU based on service-connected disabilities.

The Veteran's claim for an increased rating for his lumbosacral strain was denied as the evidence did not meet the criteria for a higher disability rating.

The Board found no new and material evidence to reopen the claims of service connection for a sleep disorder, residuals of a head injury (to include amnesia and blackouts), and lumbar spine disability. The claims were denied as there was insufficient evidence to relate these conditions to service or service-connected disabilities.

The Veteran's low back disability is currently rated at 20 percent, effective March 3, 2015. The Board finds that the evidence does not support a higher rating for any period prior to or after this date.

The Board has remanded the case for additional development due to conflicting medical opinions and a need for further examination. The Veteran's claim of service connection for a low back disorder is inextricably intertwined with his TDIU claim.

The Board has determined that the Veteran's right ankle and back disabilities are related to service, granting his claims for service connection.

The Veteran's right knee disability, dyslipidemia, hypertension, diabetes mellitus, type II, bronchial asthma, bilateral hip disability, left knee disability, bilateral ankle disability, back disability, neck disability, and acquired psychiatric disorder are not service connected.

The Veteran's appeal is being remanded for additional examinations to assess the severity of his low back and left knee disabilities, as he has reported that these conditions have worsened since his last examination.

The Veteran's claim for service connection for pes planus of the left foot is denied as there is no current diagnosis. The Veteran has a currently assigned rating for his hallux malleus.

The Board has determined that the Veteran's back and neck disabilities are related to his military service, granting service connection for these conditions.

The Veteran seeks service connection for multiple joint disabilities, including bilateral knee disability, bilateral shoulder pain, low back pain, and right side pain. The case is being remanded to obtain additional medical records and to schedule the Veteran for a VA examination.

The Board has denied the Veteran's claims for earlier effective dates for the grants of service connection for lumbar spine disability and right lower extremity radiculopathy, finding that there are no unadjudicated applications prior to December 19, 2007.