Back / lumbar spine decisions — 2014

The Veteran's lumbar spine disability with DDD is rated at 10 percent, effective January 1, 2009. Service connection for hypertension was denied.

The Veteran's lumbar spine and cervical spine disabilities are rated at the maximum available ratings, while his migraine headaches do not warrant a higher rating.

The Veteran's claim for service connection for osteoarthritis of the lumbar spine is being remanded due to incomplete medical records and a need for additional comments from a VA compensation examiner.

The Board has determined that additional development is needed before the claims can be fully adjudicated, including obtaining medical records and scheduling a VA examination.

The Board has determined that additional development is necessary to determine if the Veteran's current low back condition is related to his active service, and whether any pre-existing conditions were aggravated by service.

The Veteran is granted an annual clothing allowance for the year 2011 due to his service-connected low back brace causing premature wearing of his clothing.

The Board has remanded the case for further development, including scheduling a videoconference hearing. The Veteran's claims of service connection for low back disability and bilateral sciatica are still pending.

The Board has granted a disability rating of 40 percent for the Veteran's service-connected thoracolumbar spine disability, effective from August 4, 2010. The Veteran was previously rated at 20 percent prior to this date.

The Veteran's degenerative disc disease of the thoracolumbar spine is not manifested by severe limitation of motion, but does result in some limitation. With resolution of reasonable doubt in his favor, an initial rating of 10 percent prior to September 8, 2010 has been granted.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, including low back disability. The case was remanded multiple times and is now being returned to the RO for further development.

The Board has granted an initial rating of 40 percent for the service-connected lumbar spine disability with degenerative changes, effective from April 26, 2012. The Veteran is also in receipt of separate ratings for radiculopathy of each lower extremity.

The Board has remanded the case for additional development due to concerns about the adequacy of the March 2012 VA examination and the need for a clarifying opinion regarding the nature and etiology of the Veteran's back disability.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's claim for service connection for various disabilities, including left ankle, knee, hip, and lumbar spine disabilities, secondary to a fracture of the left lower fibula, was denied. The Board found that there is no compensable evaluation due to lack of malunion or nonunion of the tibia and fibula.

The Veteran's claims for higher evaluations for degenerative disc disease at L5-S1 and radiculopathy of the lower extremities were denied as his conditions did not meet the criteria for a rating higher than 20 percent or 40 percent, respectively.

The Board has remanded the claims for additional development due to incomplete or insufficient evidence, including a need to address the Veteran's claimed asbestos exposure and whether his service-connected fractured ribs aggravated his low back disorder.

The Board has determined that the Veteran's claimed spinal, hip, and leg disabilities are not service-connected due to lack of evidence linking these conditions to his military service or presumed Agent Orange exposure.

The Board has determined that the Veteran's service-connected cervical spine disability does not meet or approximate the criteria for a rating higher than 30 percent, as it does not show unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's claims for increased ratings for lumbar strain and cubital syndrome of the right elbow with history of carpal tunnel syndrome of the right wrist are being remanded due to inadequate consideration of functional loss, additional range of motion after repetitive use, pain on movement, and interference with sitting, standing, and/or weight bearing. A new VA examination is needed for both conditions.

The Veteran's case is being remanded for further development and a hearing before the Board at the RO.