Back / lumbar spine decisions — 2015

The Veteran's lumbar strain disability is currently rated at 10 percent, the maximum schedular rating available. The Board finds that this rating adequately reflects the severity of his condition throughout the period on appeal.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has determined that the Veteran's tinnitus had its onset during service and is granted service connection for this condition. The claim for bilateral hearing loss and low back pain with scoliosis will be remanded to consider de novo.

The Veteran's claim for increased ratings for his service-connected DDD of the lumbar spine and radiculopathy to the left lower extremity secondary to DDD was denied. The VA examiner found that during the appeal period, the Veteran had at worst thoracolumbar spine flexion to 70 degrees with objective evidence of painful motion and no evidence of ankylosis, incapacitating episodes of intervertebral disc syndrome (IVDS), or bowel or bladder impairment.

The Veteran's degenerative disc disease of the lumbar spine is rated at 30 percent, with a 10 percent deduction for aggravation from his service-connected right leg fracture. The RO has granted an increased rating to 40 percent effective December 1999.

The Board has remanded the case for additional development due to missing VA treatment records and an inadequate opinion regarding a nose/throat disability.

The Board has remanded the Veteran's claim for a TDIU prior to August 29, 2006 due to insufficient development and will be referred to the VA Under Secretary for Benefits or the Director of Compensation and Pension Services for extraschedular consideration.

The Veteran's low back disability, including lumbar strain, is currently rated at 10 percent and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's service-connected disabilities, particularly his back and left ankle conditions, render him unable to secure or follow substantially gainful employment. The Board finds that a TDIU is warranted.

The Veteran's claim for a higher disability rating for his service-connected low back disability is being remanded due to the inadequacy of an August 2013 VA examination report. The case will be returned to the Board for further action.

The Veteran withdrew her appeal for hypertension during the January 2015 Board hearing. The Board has determined that service connection is granted for lumbar spinal stenosis, lumbosacral degenerative disc disease with sciatica, and herniated disc L5-S1.

The Veteran's back disability is rated at 20 percent since May 3, 2011.

The Veteran's service-connected conditions do not render him unable to secure or follow substantially gainful employment, and therefore his claim for a TDIU is denied.

The Board has ordered a remand to ensure compliance with prior remands and to obtain an addendum opinion from the VA examiner regarding whether the Veteran's lumbar spine disability is related to service.

The Board has determined that the Veteran does not have current diagnoses of bilateral hearing loss or tinnitus for VA purposes, and thus service connection is denied. The claims for an increased initial rating for PTSD, entitlement to service connection for a lumbar spine disability, and entitlement to service connection for a right knee disability are remanded.

The Veteran's increased disability ratings for degenerative joint disease of the lumbar spine and left knee have been granted, while service connection for Huntington's disease and an acquired psychiatric disorder remain unresolved.

The Board has determined that an effective date prior to January 20, 2010, for the award of service connection for a lumbar spine disability is not warranted.

The Veteran's appeal was granted, with a 20 percent rating for left lower extremity radiculopathy and an effective date prior to November 1, 2010. Other claims were denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the current severity of his service-connected disabilities.

The Board has determined that the Veteran's service connection for tension headaches is denied, but his TDIU claim is granted. The effective date of the TDIU rating will be assigned by the Director of Compensation and Pension Services.