Back / lumbar spine decisions — 2017

The Board has determined that the Veteran's back disability and right knee disability are related to her period of active service, thus granting service connection for both conditions.

The Board has determined that the Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, thus denying his claim for a total rating for compensation purposes based on individual unemployability (TDIU).

The Board has reopened the Veteran's previously denied claims for service connection for a thoracolumbar spine disability and bilateral foot disability (claimed as ingrown toenails). However, the claim for service connection for a thoracolumbar spine disability is not granted because there is no evidence of a nexus between his in-service injury and current disability. The claim for service connection for a bilateral foot disability remains pending.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, right lower extremity radiculopathy, chronic lumbar strain with mild disc disease, migraines, tinnitus, and bilateral hearing loss, rendered her unable to secure or follow substantially gainful employment as of July 27, 2015.

The Board denied the Veteran's claims for increased ratings for her low back strain and PTSD, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Board has determined that the Veteran's low back disability is service-connected and grants this claim. The TDIU claim is denied as the Veteran is currently employed.

The Veteran's low back disability has been rated at 40 percent since October 2, 2007. The evidence does not support a higher rating based on limitation of motion or lumbosacral strain.

The Board finds that the preponderance of evidence is against finding service connection for right bundle branch block, headaches, bilateral leg disorder (leg cramps), and degenerative bone disease (low back disorder).

The Board denied the Veteran's claims for service connection for a back disability and increased rating claims for peripheral neuropathy of the bilateral lower extremities, finding no causal link between his disabilities and his active service or service-connected conditions.

The Board has determined that the Veteran does not have a current bilateral hearing loss disability for VA purposes and therefore, service connection is denied.

The Board has remanded the case for additional development due to insufficient medical opinions and failure to address relevant history of injury to the feet.

The Board has remanded the case for additional development due to concerns about the adequacy of a previous VA examination and the need for updated treatment records.

The Board has remanded the case for additional development, including obtaining medical records and providing a clarifying opinion regarding the nature and etiology of any current back disorders.

The Board has remanded the claims for further development due to inadequate medical opinions regarding the relationship of the Veteran's current disabilities to service-connected right knee disability.

The Veteran's cervical spine disability is rated at 10 percent, effective May 26, 2004. From March 16, 2010 to April 17, 2015, the Veteran was granted a rating of 20 percent for left upper extremity radiculopathy associated with his cervical spine disability. The Board denied entitlement to TDIU as the Veteran's service-connected disabilities alone do not render him unable to secure or maintain substantially gainful employment.

The Board has determined that the Veteran does not have a current psychiatric disorder or low back disability related to service and therefore denied both claims.

The Board has granted the Veteran's claim for service connection for lumbar spine disability, finding that it is related to an in-service injury.

The Board has reopened the claim of service connection for a back disability and granted service connection for an acquired psychiatric disorder, including PTSD, depressive disorder, and anxiety. The Veteran's current diagnoses are related to his in-service stressor involving wrongful imprisonment and interrogation.

The Veteran's appeal is being remanded for additional development of his claims for service connection for a lumbar spine disorder and respiratory disorder.

The Veteran's service-connected disabilities were not found to be of such severity as to preclude substantially gainful employment, and warrant referral for extra-schedular consideration of TDIU.