Back / lumbar spine decisions — 2011

The Veteran's service-connected disabilities, including obstructive sleep apnea and generalized anxiety disorder, do not meet the threshold requirements for a TDIU as they are rated at 50% and 30%, respectively. The combined rating is 80%. However, he has been unable to secure or maintain substantially gainful employment due to his disabilities.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for additional medical examination and evaluation.

The Board denied service connection for a low back disorder and bilateral knee disorder, finding no medical evidence linking these conditions to service.,Both the Veteran's current low back and knee disorders were first diagnosed many years after his separation from service.

The Veteran's service connection claim for bilateral plantar hyperkeratosis with pes cavus and hammertoes is granted. The other issues of service connection are dismissed as the Veteran withdrew them at his hearing.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and an increased rating for his lumbar spine disability. The claim for bilateral hearing loss was not reopened due to lack of evidence meeting VA criteria for a current disability, while the claim for the lumbar spine disability did not meet the criteria for a higher rating.

The Board has remanded the case for scheduling a Travel Board hearing as requested by the Veteran. The appeal is not decided on the merits of any service connection claims.

The Board dismissed the appeal due to the Veteran's death, and no decision was made on whether new and material evidence had been received.

The Board has remanded the case for additional development due to incomplete records and further adjudication.

The Veteran's lumbosacral strain with lumbar disc disease was previously rated at 20 percent prior to March 18, 2005 and is now rated at 40 percent thereafter. The Board found that the current rating of 40 percent is appropriate based on the evidence showing significant functional impairment.

The Veteran's lumbar and cervical spine conditions were rated, with the lumbar condition receiving a 40% rating effective from April 1, 2004. The Veteran also received separate ratings for radiculopathy in both upper and lower extremities.

The Veteran's degenerative changes of lumbosacral spine have been rated at 10% since June 9, 2008. The RO found that the disability warranted a compensable rating based on moderate effects on daily activities.

The Board has determined that the Veteran's current cervical spine disability is service-connected, as evidenced by mild degenerative changes and osteoarthritis found during various medical examinations. The Veteran was granted service connection for this condition.

The Board has reviewed the Veteran's claims for service connection for various conditions and determined that new and material evidence has not been submitted to reopen any of these claims.

The Veteran's appeal is being remanded for additional development, including obtaining VA and U.S. Public Health Service records relevant to his claims.

The Veteran's low back disability has not been shown to warrant a rating higher than the current 20 percent, and his TDIU claim is denied as his service-connected disabilities do not preclude substantially gainful employment.

The Veteran's claim for an increased evaluation for his service-connected low back disability, including intervertebral disc syndrome, is being remanded due to procedural errors and potential rating adjustments.

The Veteran's lumbar disc disease is currently rated as 20 percent disabling, but the evidence does not support a higher rating based on current functional impairment. The Board finds that the criteria for a higher rating are not met.

The Veteran's service-connected lumbar spine disability is currently rated at 10 percent prior to April 16, 2009 and at 20 percent from that date. The Board finds the evidence of record supports these ratings based on the severity of his symptoms.

The Veteran's service-connected degenerative disc disease of the lumbar spine, status-post L4-5 laminectomy is currently rated at 20 percent. The appeal for increased ratings and service connection for other conditions remains pending.

The Board has determined that the evidence is in equipoise as to whether the Veteran's degenerative disc disease of the lumbar spine is related to service, and therefore grants the claim for service connection.