Back / lumbar spine decisions — 2018

The Veteran's appeal is being remanded for further development, including scheduling a VA examination and providing the Veteran with notification letters regarding his TDIU claim.

The Veteran's service-connected back disability and bilateral hearing loss meet the threshold requirements for a TDIU, as his combined disability ratings satisfy the criteria. The evidence is at least in equipoise as to whether he is unable to secure or follow substantially gainful employment due to these disabilities.

The Veteran's initial claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine was granted in June 2012 with an initial 40% rating effective March 24, 2005 and a 20% rating effective August 20, 2009. The Board found that from August 20, 2009, the Veteran's disability did not warrant a higher rating.

The Board has remanded the case for further development, including obtaining updated treatment records and scheduling a VA examination to determine the etiology of any currently diagnosed low back disability. The Veteran's claim will be readjudicated after these actions.

The Veteran's service-connected disabilities have significantly impacted his ability to work, and the Board finds that he is unable to obtain and maintain substantially gainful employment due to these conditions. As a result, TDIU has been granted.

The Veteran's claim for service connection for a low back disability was reopened and granted. The Board found that the Veteran had degenerative disc disease of the lumbar spine secondary to his service-connected bilateral knee and ankle arthritis.,The Veteran's shin splints were not service connected, as they are considered a manifestation of his service-connected disabilities of the knees, ankles, and feet.

The Veteran's service-connected conditions do not render him unable to obtain and maintain substantially gainful employment.

The VA has determined that the appellant's service-connected degenerative disc disease of the thoracolumbar spine does not warrant a rating in excess of 20 percent, as his range of motion and functional loss do not meet the criteria for a higher rating.

The Board finds that the Veteran's lumbar spine disability and colonic polyps are not related to service, with the exception of a possible relationship between his back condition and aging. The claims for these conditions have been denied.

The Veteran's claim for an increase in the rating for his residual scars was denied. The effective date of service connection for a low back disability is March 19, 2004. The correct bilateral factor was applied effective April 16, 2003. A 40 percent rating has been granted for the Veteran's lumbar strain since March 19, 2004.

The Veteran's claim for increased ratings for residuals of T11 compression fracture with moderate post-traumatic lumbar spondylosis was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to January 5, 2008; between January 5, 2008 and July 28, 2016; or thereafter.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU.

The Veteran's lumbar spine disability is rated at 40 percent on an extraschedular basis, and the Board finds that this rating adequately compensates for his symptoms and does not warrant an extraschedular evaluation.

The Board has determined that the Veteran's bilateral pes planus was not aggravated during service and is not shown to have been aggravated by any service-connected disability. Therefore, service connection for bilateral pes planus cannot be established.

The Veteran's appeal is being remanded for further development, including obtaining a VA medical opinion regarding the etiology of his neck disorder and lumbosacral strain. The claims will be reconsidered in light of Correia v. McDonald (2016).

The Board has determined that the Veteran's low back disability, including degenerative arthritis of the spine and lumbar spondylosis, was not incurred in or aggravated by service. The claim is denied.

The Veteran's claims for service connection for upper back and bilateral knee disabilities are being remanded due to conflicting medical evidence and the need for a Gulf War examination.

The Board has found that the Veteran's degenerative disc disease and scoliosis are related to her active duty service, granting her claim for service connection.

The Veteran's low back strain with myofascial pain has been rated at 20 percent prior to October 31, 2016 and increased to 40 percent from that date. The effective date for the increase in rating is July 28, 2017.,The Veteran's service-connected low back strain with myofascial pain warrants a higher rating than currently assigned.

The Board has determined that the Veteran's chronic prostatitis is secondary to his service-connected diverticulitis and grants this claim. The low back condition issue remains pending for further development.