Back / lumbar spine decisions — 2018

The Veteran's low back disability was rated at 10 percent prior to February 3, 2009 and has been rated at 10 percent as of February 3, 2009. The claim for a higher rating is denied.

The Veteran's claim for higher initial ratings for his service-connected degenerative disc disease of the lumbosacral spine was denied. The RO assigned a 20 percent rating effective January 4, 2016.

The Board has determined that the Veteran's lumbar spine disorder is related to service, resolving reasonable doubt in his favor.

The Board has determined that the Veteran's right elbow disability, left wrist residuals, and low back disability are not service-connected as they did not manifest in service or are not related to service.

The Veteran's lumbar spine disability, diagnosed as degenerative disc disease, is service connected based on continuity of symptomatology since his active duty service.

The Board has determined that the Veteran's service-connected bilateral pes planus at least as likely as not caused his current back, right and left knee, and right and left ankle disabilities. As a result, these conditions are granted.

The Board has determined that the Veteran's current lumbar spine disability, arthritis of the lumbar spine, and DDD of the lumbar spine were not incurred in or aggravated by service. The medical evidence does not support a finding that these conditions pre-existed service or developed within one year post-service.

The Board has ordered a remand to obtain an adequate VA examination in order to determine the etiology of the Veteran's low back disorder. The examiner must account for all relevant evidence, including the Veteran's lay statements and private medical opinions.

The Veteran's service-connected lumbar spine disability was granted at a 20% rating prior to September 20, 2016. After that date, the claim for an increased rating was denied. The Veteran also has noncompensable radiculopathy of the right lower extremity.

The Veteran's claims for higher ratings for his lumbar spine disability and bilateral lower extremity radiculopathy have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 40 percent for the lumbar spine disability, or for initial compensable ratings for the bilateral lower extremity radiculopathy prior to October 23, 2008.

The Board found that the Veteran's currently diagnosed lumbar spine disability was not incurred during active service or a period of active duty for training (ADT), and therefore denied his claim for service connection.

The Veteran's claim for a total rating based on individual unemployability due to service-connected disability has been resolved in his favor, as he is already receiving the maximum benefits available for the period since March 13, 2001. The issue of entitlement to a schedular TDIU is therefore dismissed.

The Veteran's appeal is being remanded due to the need for additional medical examination and opinion regarding neurological abnormalities of his lower extremities, specifically numbness and tingling along the left side. The TDIU issue remains pending.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's diabetes mellitus and low back condition. The case will be returned for further development.

The Board has determined that the Veteran's lumbar degenerative disc disease is related to service, and therefore grants service connection for this condition. The cervical spine disability claim remains pending as it was not addressed in the decision.

The Veteran is entitled to compensation for a low back disability resulting from an injury sustained in the course of training and rehabilitation services under 38 C.F.R. § 31, as it was caused by participating in VA vocational training.

The Veteran's lumbosacral spine disability was rated at 10 percent prior to June 11, 2014 and increased to 40 percent thereafter. The other conditions were not rated higher.

The Board has denied the Veteran's claims for service connection for left shoulder, right shoulder, and back disabilities as secondary to his service-connected right knee disability. The evidence does not support a finding that any of these conditions were incurred in or aggravated by service.

The Veteran's service-connected fibromyalgia, including his bilateral foot, right ankle, and thoracic spine disabilities, is rated at 60 percent from July 23, 2002 to July 23, 2003. The Board granted the increased ratings for these conditions.

The Board has remanded the case for additional development, including obtaining VA treatment records and SSA records, providing an addendum to the May 2015 examination report, and readjudicating the appeal.