Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's status-post lumbosacral strain with spondylosis warrants a 40 percent rating from September 7, 2010 onwards.

The Veteran's appeal is remanded due to the need for additional VA examination and consideration of new evidence. The case will be returned to the Board for further review.

The Board has decided to remand the case for further development, including a VA examination and review of service treatment records.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for residuals of a low back injury, thoracic spine disorder, cervical spine disorder, and right foot disorder.

The Board has granted service connection for a low back disability. The remaining issues of whether he is entitled to a higher rating for hearing loss and to service connection for an injury to the solar plexus or xiphoid process that manifests as difficulty breathing are REMANDED to the Agency of Original Jurisdiction (AOJ) for additional development.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and providing supplemental opinions from VA examiners.

The Veteran is granted a TDIU as of August 11, 2015 due to his service-connected disabilities. The case is also remanded for consideration of an extraschedular TDIU prior to August 11, 2015 and issuance of a SOC regarding the issue of entitlement to a TTE based on a service-connected disability requiring a period of convalescence following February 2016 surgery.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his records.

The Board has determined that the Veteran's low back disorder and cervical spine disorder are attributable to service, thus granting service connection for both conditions.

The Veteran's appeal is being remanded for additional development, including a new VA orthopedic examination and consideration of the TDIU claim.

The Veteran's claim for service connection for a spine condition, including lumbar and thoracic conditions, is being remanded due to the need for additional development of his medical records and an opinion regarding the etiology of his current spine conditions.

The Board has determined that the Veteran's bilateral hearing loss and left foot condition are service-connected. However, further development is needed to address his claim for residuals of a pelvic fracture, including lower back condition.

The Veteran's lumbar spine disability is rated at 40 percent since September 20, 2005. The rating is based on the current severity of his disability without considering any past medical history or symptoms.

The Veteran's claim for a higher rating for his lumbar spine disability was denied as the evidence did not show that his condition warranted a rating in excess of 20 percent. The claims for service connection for cervical strain and a cervical spine disorder other than cervical strain were also denied.

The Board has determined that the Veteran's currently diagnosed low back disability and postoperative residuals of a left inguinal hernia repair are not related to service. The appeal for TDIU is also denied.

The Veteran's service-connected degenerative disc disease of the lumbar spine with intervertebral disc syndrome is rated at 40 percent effective October 30, 2008. The Veteran also has a separate 10 percent evaluation for sciatica of the right lower extremity associated with this disability.

The Veteran's service-connected lumbar spine disability did not prevent him from securing and following substantially gainful employment prior to June 8, 2004.

The Veteran's service-connected low back strain with osteoarthritis is currently rated at 10 percent prior to October 1, 2010. The evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case for further development and a Travel Board hearing.

The Board denied service connection for multiple myeloma, back condition, and neck condition due to lack of evidence linking these conditions to the Veteran's military service.