Back / lumbar spine decisions — 2014

The Veteran's claims for increased ratings for his low back disability and PTSD were denied by the Board. The low back disability was rated 20 percent before January 18, 2011, but not higher than that level. The PTSD claim was also denied as it did not meet the criteria for a rating higher than 70 percent.

The Board has remanded the case for additional development, including a new VA examination to address the etiology of the Veteran's cervical spine disability and whether it is secondary to his service-connected lumbosacral strain.

The Board found that the Veteran does not have a low back disorder that was incurred during his active military service and arthritis (degenerative joint disease) may not be presumed to have been.

The Veteran has withdrawn his appeal for an increased rating for low back degenerative disc disease with left leg radiation, and the Board finds that he no longer wishes to pursue this claim.

The Veteran's lumbar spine disability, manifested by thoracolumbar spine forward flexion greater than 30 degrees and combined range of motion greater than 120 degrees, does not meet the criteria for a rating in excess of 20 percent.

The Board has determined that the Veteran's low back disability, diagnosed as lumbar disc disease, was incurred during active service. The right ear hearing loss and tinnitus are also found to be related to service.

The Veteran's appeal has been dismissed as the appellant requested withdrawal of the appeal prior to a decision being made.

The Board has granted service connection for the Veteran's thoracic and lumbar spine disorder, as well as his cervical spine disorder (including fibrositis and osteoarthritis of the cervical spine), both on a direct basis.

The Board has determined that service connection is not established for any of the claimed disabilities, including a low back disability, disorders of the bilateral eyes, major depression, and disabilities of the bilateral wrists and hands.

The Veteran's low back disability is rated at 10 percent prior to April 25, 2012, and 40 percent thereafter. The rating for sciatica involving the right lower extremity is also 40 percent, while the rating for sciatica involving the left lower extremity remains at 20 percent.

The Board has remanded the case for further development, including obtaining medical opinions regarding service connection and rating issues.

The Veteran's low back disability was rated at 10 percent prior to May 26, 2010 and increased to 20 percent effective May 26, 2010. The appeal is denied as the current ratings do not meet the criteria for a higher rating.

The Veteran's claims are being remanded due to a scheduling issue for a Travel Board hearing. The issues of entitlement to increased ratings for low back strain, right knee disability, and eczema remain in controversy.

The Board has remanded the case due to the need for additional treatment records and a new VA examination.

The Veteran's PTSD is rated at 100 percent since October 30, 2007. His residuals of deviated septum do not meet the criteria for a compensable rating. The Veteran's lumbar spine disability and left S1 radiculopathy are both currently rated as 20 percent disabling.

The Board has granted a 40 percent rating for the Veteran's degenerative disc disease of the lumbar spine with left lower extremity weakness, effective from December 22, 2011. The appeal is also granted for service connection for arthritis of multiple joints as secondary to the low back disability and GERD.

The Veteran's current cervical spine degenerative joint disease and degenerative disc disease are not related to service, and the claim for service connection is denied.

The Veteran's service-connected disabilities, primarily his low back and bilateral lower extremity pain, render him unable to maintain substantially gainful employment throughout the appeal period.

The Veteran's claim for an increased rating for his service-connected degenerative arthritis of the lumbar spine is being remanded due to the need for a VA examination.

The Veteran's appeal is being remanded for a video conference hearing due to scheduling issues. The main issues are seeking higher ratings for degenerative disc disease of the lumbar and cervical spine, as well as TDIU.