Back / lumbar spine decisions — 2015

The Veteran's appeal is being remanded to the AOJ for additional development, including scheduling a VA social and industrial survey and obtaining records from the SSA. The case will be reviewed again after these actions are completed.

The Board has granted a 40 percent rating for the Veteran's low back disability, which is the maximum schedular rating available under the General Formula for Diseases and Injuries of the Spine.

The Veteran's claim for an increased rating for intervertebral disc syndrome of the lumbar spine was denied. Initial compensable ratings were granted for left and right lower extremity radiculopathy, but the Board notes that these claims are still on appeal.

The Board has determined that DDD of the lumbar spine had its onset in active duty service and grants service connection for this condition.

The Board denied the Veteran's claims for service connection for various conditions, including a lumbar spine disorder, left foot and knee disorders, right foot disorder, acquired psychiatric disorder, and arthritis of multiple joints. The decision found that these conditions were not incurred or aggravated by service.

The Board denied the Veteran's claims for increased ratings for his knee and lumbar conditions, as well as service connection for fecal leakage secondary to hemorrhoids. The decision also addressed a TDIU claim.

The Board has remanded the claims due to a lack of VA examinations for the Veteran's claimed low back and left foot disabilities. The claims are now pending again.

The Board found that the Veteran's low back disorder was not incurred or aggravated during his military service and denied his claim.

The Board found that the Veteran's current lumbar spine disorder, diagnosed as degenerative disc disease, is not related to his service. The VA examiner opined that it was less likely than not incurred in or caused by the claimed in-service injury.

The Board has denied the Veteran's claim for service connection for a lower back disability, finding that the evidence does not support a finding of a link between his current condition and his military service.

The Veteran's appeal is remanded for the VA to secure all pertinent records of his private and VA treatment from May 2001 to January 2008, including those from Dr. Flippo and Dr. Pennington.

The Board denied the Veteran's claims for increased ratings for his service-connected low back strain, bilateral knee disability, and obstructive sleep apnea. The claim for an increased rating for low back strain was denied as it did not meet the criteria for a higher rating.

The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board finds that this rating is appropriate based on the evidence of record.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or adaptive equipment only as defined by VA regulations.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his thoracolumbar spine disability and for readjudication of both his increased rating claim and TDIU claim.

The Veteran's appeal concerning the issue of entitlement to service connection for a bilateral hearing loss disability has been withdrawn.

The Veteran's claims for service connection have been denied as there is no evidence of a current disability or a link to service.

The Veteran's right ankle ligament ossification is granted, but the issues of service connection for back and knee disorders are remanded due to incomplete information or clarification needed.

The Veteran's service connection claim for hemorrhoids was granted. The Board also found that the Veteran's lumbosacral degenerative disc disease warranted a 10% evaluation since August 4, 2008.

The Veteran's appeal is being remanded due to the need for a new VA examination and updated treatment records, as there may have been changes in his lumbar spine condition since the last examination.