Back / lumbar spine decisions — 2015

The Board has determined that an additional VA examination and medical opinion are needed to determine the nature and etiology of any back disorder. The Veteran's claim for service connection is also being remanded.

From July 15, 2009 to June 25, 2012, the Veteran's lumbosacral strain with degenerative disc disease lumbar spine was manifested by flexion limited to 30 degrees. Prior to this period and after it, the disability level did not meet the criteria for a higher rating.

The Veteran has withdrawn all his appeals, including those for increased ratings for various conditions and disabilities. The Board is dismissing the appeals as moot.

The Veteran's low back disability is rated at 60 percent, effective from the date of his claim. The service-connected anxiety disorder has been found to be aggravated by his other disabilities and he meets criteria for a TDIU.

The Board has determined that the Veteran's cervical spine disability, diagnosed as degenerative disc disease, was incurred in service and is granted service connection.

The Veteran requested to withdraw his appeal regarding the issue of service connection for a low back condition.

The Board has reopened the Veteran's claim of service connection for a cervical spine disability and granted it. The lumbar spine issue remains pending.

The Veteran's service connection for lumbar spine degenerative disc disease prior to April 17, 2014 was denied as his disability did not meet the criteria for a higher rating.

The Board has determined that the Veteran's lumbar spine disability is service connected as it began in service and persists.,The Board has also determined that the Veteran's cervical spine disability is service connected as it began in service and persists.

The Board has remanded the case due to an inadequate August 2010 VA examination and a need for further development of the record.

The Board has determined that the Veteran's lumbago, claimed as a low back disorder, is caused or permanently worsened by his service-connected bilateral patellofemoral syndrome. As such, the claim for service connection is granted.

The Board found that the Veteran's service-connected disabilities did not render him unemployable, as he has been employed in various positions during the appeal period.

The Veteran's claims for service connection for a respiratory disability and low back disability are being remanded due to incomplete development. The VA will obtain clarification of inadequate medical opinions, consider lay evidence regarding asbestos exposure, and provide rationale explaining the etiology of any diagnosed conditions.

The Board has determined that the Veteran's low back disability is related to his active military service and grants the claim for service connection.

The Veteran's service-connected disabilities, including migraines, digestive disorder, intervertebral disc syndrome of the left lower extremity, chronic sinusitis, digestive disorder (impaired sphincter control), lumbar strain with degenerative joint disease and intervertebral disc syndrome, and hemorrhoids, met the percentage requirements for a TDIU from February 27, 2012 to December 10, 2014.

The Veteran's combined rating is at least 70% due to his service-connected disabilities, qualifying him for a TDIU. The VA examiner found that the Veteran's service-connected disabilities alone are sufficient by themselves to render him unemployable.

The Veteran's radiculopathy of the right lower extremity, associated with facet syndrome and degenerative joint disease (DJD) of the lumbar spine, is currently rated at 40 percent under Diagnostic Code 8520. The Board finds this rating to be appropriate based on the severity of his symptoms.

The Board has determined that the Veteran's degenerative joint disease and degenerative disc disease of the thoracic spine are as likely as not related to his military service.

The Veteran's appeal includes claims for earlier effective dates and service connection. The Board has determined that the issues are not properly before it due to a lack of an SOC in some cases, and requests for travel hearings have been made but not yet scheduled.

The Veteran's service-connected disabilities, including his psychiatric condition and spinal disorders, rendered him unable to secure or follow a substantially gainful occupation as of June 10, 2008. The effective date for the grant of TDIU is set at this time.