Back / lumbar spine decisions — 2013

The Board has remanded the Veteran's claims for additional development, including obtaining an examination to address whether his service-connected disabilities caused or aggravated his claimed low back, bilateral ankle, and bilateral hip disabilities.

The Board has determined that the Veteran does not meet the criteria for service connection for a lumbar spine disability or bilateral leg disability, and therefore, his claims are denied. For TDIU, the evidence does not show he meets the schedular threshold nor does it indicate he is unemployable due to his disabilities.

The Veteran's low back disability was rated at 20 percent effective January 11, 2012. The rating is based on the combined range of motion of the thoracolumbar spine not greater than 170 degrees.

The Board finds that the appellant's service-connected disabilities, including PTSD and depression, have rendered him unable to secure or follow substantially gainful employment prior to June 23, 2009.

The Board has determined that there has not been substantial compliance with the remand directives and that it may not proceed with a decision at this time. The case is REMANDED for further evidentiary development of the issues on appeal.

The Board has dismissed the appeal as the appellant withdrew it prior to a decision being made.

The Board granted a 30 percent evaluation for bilateral hearing loss effective June 5, 2009. The Veteran's other claims were withdrawn.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims for service connection, including obtaining relevant SSA records and VA treatment records. The examiner's opinions regarding the left knee and right knee conditions need clarification.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling appropriate examinations.

The Veteran's lumbar strain, formerly rated as intervertebral disc syndrome, was granted a 40 percent rating effective February 8, 2010. The left knee degenerative joint disease remains at a 10 percent rating.

The Board found that the Veteran's neck and back disorders were not related to his service, and thus denied his claims for service connection.

The Board granted a 40 percent rating for the Veteran's service-connected low back disability, effective as of August 29, 2007. The previous evaluation was 20 percent.

The Veteran's appeal is remanded for further proceedings consistent with the Court's July 2012 decision. The case will be returned to the Board after a hearing.

The Veteran's claim for an initial rating higher than 10 percent for degenerative disc disease of the lumbar spine before June 27, 2006 was denied. The claim for service connection for a cervical spine disability to include as secondary to service-connected degenerative disc disease of the lumbar spine is also denied.

The Board has reopened the Veteran's claim for service connection for a low back disorder and granted it, assigning a 10 percent disability rating.

The Board has granted increased disability ratings of 20 percent for the service-connected status post extensor tendon contracture on the left and low back strain, effective from February 7, 2011.

The Veteran's low back disability, specifically degenerative disc disease (DDD) of the lumbar spine, is currently rated at 40 percent and associated left leg radiculopathy at 20 percent. These ratings are based on the severity of his disabilities as determined by VA examinations.,The Veteran does not have unfavorable ankylosis of his entire thoracolumbar spine and has experienced no incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, which is why he cannot be granted higher initial ratings for these conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional development, including obtaining medical records from New London Naval Medical Center and scheduling a VA examination.

The Veteran's claim for an earlier effective date for the TDIU was denied as there is no evidence of any earlier unadjudicated formal or informal claim or factually ascertainable evidence demonstrating entitlement to TDIU prior to March 24, 2010.

The Board found that the Veteran's lumbar spine disability was not incurred or aggravated in service and is not related to a service-connected condition. The claim for service connection was denied.