Back / lumbar spine decisions — 2015

The Veteran's low back disability, characterized by limited range of motion and mild radiculopathy, does not warrant a rating in excess of 40 percent. Beginning November 1, 2010, the left lower extremity radiculopathy is rated as 10 percent disabling.

The Board found that the Veteran's degenerative arthritis of the lumbar spine is not etiologically related to his active military service.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his back disability and his ability to work due to service-connected disabilities.

The Veteran's service-connected lumbar spine disability was rated at 10 percent prior to March 12, 2008.

The Veteran seeks service connection for a lower back condition as secondary to his service-connected left and right knee disabilities. The case is being remanded due to the need to obtain additional records related to the accident that caused the lower back injury.

The Veteran's erectile dysfunction, back disability, and right leg numbness are not found to be due to VA care or treatment. The Board finds that the evidence does not establish a cause and effect relationship between the Veteran's surgery and his additional disabilities.

The Veteran was not found to be unemployable due to his service-connected disabilities during the period from January 31, 2007 to July 15, 2009. Despite missing some work days, he remained gainfully employed and capable of performing the physical and mental acts required by employment.

The Veteran's claim for an increased rating for his low back strain was granted, with a disability rating of 40 percent effective December 3, 2009. The Board found that the evidence supported this rating based on the functional loss and pain experienced by the Veteran.

The Veteran's service-connected degenerative spondylosis of the lumbar spine has been rated at 20 percent since August 25, 2010.

The Veteran's appeal is being remanded for additional development due to a June 2014 VA examiner's opinion not providing sufficient information on the relationship between his current disabilities and military service.

The Veteran's claims of entitlement to service connection for left knee, right knee, and low back disabilities are being remanded due to the need for additional development.

The Board found that the Veteran's current lumbar spine disability was not incurred or aggravated by active service and denied his claim for service connection.

The Board found that the Veteran's low back and right hand and wrist disabilities are not attributable to service, as there is no evidence of chronic conditions during or within one year after separation from service.

The Veteran's PTSD was granted a higher rating of 70 percent effective January 5, 2012. The low back disability claim is pending and the left knee degenerative joint disease claim remains denied.

The Board found that the Veteran's lumbar spine disability is not related to his service and denied his claim.

The Veteran's appeal of overpayment waiver is remanded, and his service connection and increased rating appeals are also remanded. A hearing before a Veterans Law Judge will be scheduled for him.

The Board has granted service connection for a low back disability, finding that the Veteran's current condition is related to his military service. The claim of entitlement to service connection for obstructive sleep apnea was addressed in the REMAND portion and is REMANDED.

The Veteran has withdrawn his appeals, and the appeal is dismissed.

The Board has remanded the Veteran's claims due to a request for a DRO hearing, and no steps have been taken to address this request. The case is now returned to the Board.

The Board granted service connection for a lumbar spine disability and assigned a 20 percent rating, effective October 30, 2003.