Back / lumbar spine decisions — 2015

The Veteran's appeal for service connection of a low back condition has been dismissed due to the death of the appellant.

The Board denied the Veteran's claims for TDIU and basic eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant, finding that his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.

The Board found that the Veteran's diabetes mellitus and low back disorder did not meet the criteria for service connection, as there was no evidence of in-service exposure to herbicides or other presumptive conditions. The claims were denied.

The Veteran's service-connected lumbar spine disability has been rated at 20 percent, the highest schedular rating available for this condition. The Board affirms this decision as it finds that the evidence supports a finding of severe guarding and pain during flare-ups, painful motion, and forward flexion to greater than 30 degrees without ankylosis or incapacitating episodes due to the disc disease.

The Board granted an additional separate 10 percent rating for residuals of a compression fracture to the thoracic spine and an additional separate 10 percent rating for a muscle injury involving the retained foreign bodies in the Veteran's thoracic spine.

The Veteran's service-connected conditions do not meet the criteria for enhanced/higher SMC based on his multiple service-connected disabilities.

The Board has remanded the case for further development and consideration, including a new VA examination to address the Veteran's back disability claim.

The case is being remanded for additional development as to the service-connected lumbar spine disability, including opinions on range of motion and loss of function due to pain.

The Veteran's lumbar spine disability has been rated as noncompensable under Diagnostic Codes 5003-5237. The RO denied the claim for a compensable evaluation.

The Veteran's service-connected lumbosacral strain was granted an initial evaluation of 20 percent, effective May 24, 1995. The appeal for higher evaluations and service connection for hemorrhoids were all granted.

The Veteran's service-connected low back disorder and supraventricular tachycardia did not render him unemployable prior to August 30, 2004.

The Veteran's claims for service connection for a coccyx disability and increased ratings for his lumbar spine disability have been denied. The Board found no current diagnosis of a coccyx disability, and the Veteran is already service-connected for degenerative disc disease/degenerative joint disease of the lumbar spine.

The Board has found that the Veteran's cervical spine disability is not related to his active military service. The issue of entitlement to service connection for dizziness remains pending and requires further development.

The Veteran's claim for a compensable evaluation for onychomycosis bilateral great toes was granted. However, his attempt to reopen his low back disability claim was denied due to lack of new and material evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing a combined effects opinion on his service-connected disabilities.

The Veteran's claims for increased ratings were denied across multiple conditions, with the Board finding that the evidence did not meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran's lumbar disc disease and left leg radiculopathy have been granted service connection.,Left leg radiculopathy is found to be secondary to the Veteran's service-connected lumbar disc disease.

The Veteran's claim for an increased rating for his back disability was granted, with a rating of 40 percent effective December 10, 2010.,An earlier effective date for the award of a 40 percent rating for the service-connected spine disability is not warranted.

The Veteran's service-connected degenerative joint disease of the lumbar spine is currently rated at 20 percent, effective March 11, 2011. The Board finds that a higher rating is not warranted for this period.

The Veteran's appeal is being remanded due to the failure of his hearing notice, and he has not appeared for the scheduled videoconference hearing.