Back / lumbar spine decisions — 2013

The Veteran's low back disability, including intervertebral disc syndrome, is currently rated at 20 percent from February 28, 2013. The rating remains unchanged as the evidence does not support a higher evaluation.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, but the Board finds that his condition does not warrant a higher rating as there are no findings of unfavorable ankylosis or incapacitating episodes.

The Board has determined that the Veteran's lumbar spine disorder and bilateral leg disorder were not incurred or aggravated during service.

The Veteran's service-connected right ankle disability and low back strain do not render him unable to secure or follow substantially gainful employment, thus his claim for TDIU is denied.

The Veteran's urticaria was rated at 10 percent prior to May 1, 2013 and higher than 10 percent thereafter. The Veteran's mixed tension and migraine headaches were rated at 30 percent since May 1, 2013. The Veteran's lumbosacral strain was not rated higher than 20 percent.

The Board found that the Veteran's low back disability is not related to his military service and denied his claim for service connection.

The Board has received notification of the appellant's withdrawal of both issues on appeal and therefore dismisses the case.

The Board denied an initial rating in excess of 20 percent for the service-connected lumbar strain with degenerative disc disease at L5-S1, finding that the disability did not meet criteria for higher ratings based on limitation of motion or intervertebral disc syndrome.

The Board found no evidence of a chronic back disability during service or within one year after discharge, and concluded that the Veteran's current back disability is not related to his active duty service. The Board also noted insufficient evidence to establish a link between the Veteran's current eye and prostate conditions and his military service.

The Veteran's pre-existing dorsal kyphosis was not aggravated during his active service, and a back disability other than dorsal kyphosis is not etiologically related to the Veteran's active service. The incurrence or aggravation of thoracolumbar spine arthritis during active service may not be presumed.

The Board has ordered the VA to obtain the Veteran's service treatment records and National Guard personnel records, which have not been obtained yet. The case is now REMANDED for these records to be requested.

The Veteran's current diagnosed arthritis of the low back was not incurred in or aggravated by his active duty service, nor may it be presumed to have been incurred in such service.

The Board has remanded the case for a hearing before a Veterans Law Judge, either at the RO or via video-conference.

The Veteran's appeal is being remanded to obtain additional evidence and for further development, including a VA examination to assess the severity of his service-connected disabilities and their relationship to any bilateral knee disability.

The Veteran's migraine headaches are rated at 50 percent disabling from May 27, 2011. The Board finds that the current rating adequately reflects her disability.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant or specially adapted housing.

The Board has dismissed the appeal due to the appellant's withdrawal of his claims.

The Veteran's current service-connected disabilities do not meet the schedular criteria for a total disability based on individual unemployability (TDIU). However, due to his PTSD symptoms and unsuccessful attempts at employment, he may be eligible for TDIU under extra-schedular considerations.

The Board has remanded the case due to incomplete records and an inadequate VA opinion. The Veteran's cervical and lumbar spine disabilities are being reviewed again for service connection.