Back / lumbar spine decisions — 2017

The Board has remanded the case for a new VA examination to determine if the Veteran's cervical spine disorder is caused or aggravated by his service-connected lumbar spine disability, and to provide an opinion on whether it is at least as likely as not related to service.

The Veteran is not unable to secure or follow a substantially gainful occupation from November 16, 1968 to October 19, 1994 due to service-connected disabilities.

The Veteran's TDIU claim is being remanded as it is inextricably intertwined with the issues of increased ratings for lumbosacral strain and residuals of a fracture of the 5th metatarsal shaft of the right foot, and service connection for osteoarthritis of the right foot and flat feet. The RO must address these issues when adjudicating the TDIU claim.

The Veteran's back disability was rated at 10 percent prior to June 25, 2010 and from June 25, 2010 to March 4, 2017. From March 4, 2017, the rating is 10 percent. The Veteran's TDIU claim was denied as she does not meet the schedular requirements for a TDIU.

The Veteran's degenerative changes to the lumbosacral spine are not characterized by forward flexion of the lumbosacral spine being limited to 30 degrees or less, and therefore he is not entitled to an evaluation in excess of 20 percent.

The Board found that the Veteran's low back disorder is not attributable to service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining missing VA treatment records and providing VA examinations to assess the severity of her service-connected lumbosacral strain and right lower extremity radiculopathy.

The Board has determined that the Veteran's low back disability, cervical spine disability, and acquired psychiatric disability are all service-connected.

The Veteran's degenerative disc disease of the lumbar spine is currently rated at 20 percent, effective June 9, 2017.

The Veteran's lumbar spine disability was rated at 10 percent prior to July 21, 2015 and increased to 20 percent effective from July 21, 2015. The claim for a higher rating remains denied as the evidence does not meet the criteria for a 20 percent or higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has granted a 40 percent rating for the Veteran's lumbar spine disability, effective from the date of the initial grant of service connection. The criteria for this rating include limitation of forward flexion to 30 degrees and no ankylosis or incapacitating episodes.

The Veteran has withdrawn his appeals regarding the increased ratings for headaches and chest scars, as well as service connection claims for a lumbar spine disorder, left knee disorder, right knee disorder, bilateral pes planus, psoriasis, and hypertension.

The Board has determined that the Veteran's back disorder is not related to service and therefore denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining an orthopedic specialist opinion regarding the relationship between his service-connected left knee disabilities and any diagnosed low back disability. The Veteran's claim for special monthly pension will also be addressed.

The Veteran's appeal is being remanded for a new VA examination to address the relationship between her current disabilities and service, including her period of active duty training in January 2008.

The Board found that the Veteran's disability picture does not present an exceptional and unusual disability picture which renders impracticable the application of the regular schedular standards, thus denying a referral for extraschedular evaluation.

The Board has granted service connection for the Veteran's back disability, finding that it is attributable to his combat service in service.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's claimed conditions, including bilateral hearing loss, tinnitus, low back disability, and degenerative disc disease of the cervical spine.

The Veteran's claim for an increased rating for his thoracolumbar degenerative joint disease and disc disease is being remanded due to the need for additional development, including a new VA examination.

The Veteran's low back disability is rated at 40 percent since June 22, 2017. The Board finds the evidence supports a higher rating.