Back / lumbar spine decisions — 2017

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since August 28, 2014. A TDIU rating is granted from that date.

The Veteran's low back disorder and PTSD with depression are not service-connected, but the VA has assigned a 70% evaluation for PTSD. The Veteran is not entitled to an increased rating as his PTSD does not meet criteria for a higher evaluation.

The Veteran's fibromyalgia and low back disability were granted staged increases in ratings, with the fibromyalgia receiving a maximum rating of 40 percent and the low back disability receiving a maximum rating of 20 percent.

The Board found no evidence of a low back disorder or kidney stones that were incurred in service, and denied the Veteran's claims for service connection.

The Board found that there was no evidence of a neck disability in service or for many years thereafter, and the most persuasive medical opinion evidence did not support a nexus between any later diagnosed cervical spine disability and service.

The Board has granted service connection for low back disability, left knee osteoarthritis, and right knee osteoarthritis, finding that the Veteran's current conditions are as likely as not related to his military service.

The Board denied the Veteran's claims for increased ratings for his low back disability and pes planus with plantar fasciitis, finding that the evidence did not support a higher rating based on limitation of motion or other functional loss.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection of a low back disability, left foot disability, and psychiatric disability due to lack of credible evidence linking these conditions to his military service.

The Board has reopened the claim for service connection of a cervical and lumbar disorder, but denied it on the merits. The case is now remanded to obtain additional medical evidence and provide the Veteran with a new VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing the Veteran with a VA examination to assess his low back disability.

The Board has determined that the Veteran does not have a diagnosed respiratory disorder other than asthma during his appeal period and finds no evidence of a low back disability related to service. Therefore, service connection for these conditions is denied.

The Board denied service connection for low back disability, metatarsalgia of the feet, degenerative arthritis of the feet, and tinea pedis (athlete's foot) due to a lack of evidence showing chronic symptoms during or immediately following service.

The Veteran's TDIU claim for prior to September 22, 2014 is granted as he was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's low back disability is not manifested by at least unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes that required bed rest prescribed by a physician and treatment by a physician having a total duration of at least six weeks during the past twelve months. The claim for increased rating for right knee disorder is also remanded.

The Veteran's lumbar and cervical spine disabilities have been rated at 10 percent prior to November 26, 2013, and at 60 percent afterwards. The Board finds that the evidence does not support a higher rating for either condition.

The Board denied the reopening of a claim for service connection for a low back disorder, finding that new and material evidence had not been received to substantiate the claim.

The Veteran's degenerative disc disease of the lumbar spine resulted in forward flexion of no less than 40 degrees, but did not meet the criteria for a higher rating under VA regulations.

The Board has granted service connection for a low back disability and awarded an initial 50 percent rating for PTSD, but no higher. The Veteran's symptoms of PTSD have been found to be moderate in nature, warranting the current 50 percent rating.

The Veteran's claim for an effective date prior to September 1, 2006 for entitlement to a total disability rating based on individual unemployability (TDIU) has been granted. The effective date is set at March 6, 2006.