Back / lumbar spine decisions — 2016

The Veteran's claim for an increased rating for his low back strain was granted, with a current evaluation of 20 percent. The claim for a separate compensable rating for right lower extremity radiculopathy associated with the low back strain is part and parcel of this claim.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's lumbar spine disability, as well as to address whether it is secondary to his service-connected right knee disability.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and ensuring all claims are properly addressed.

The Board denied an earlier effective date for the grant of service connection for a low back disability, finding that no new and material evidence was submitted prior to April 8, 2008.

The Board has determined that service connection is granted for a low back disorder and sciatica of the right lower extremity, as these conditions are found to be related to the Veteran's active duty service.

The Board found that the Veteran's current low back disability is not related to his active service, including a slip and fall injury during service. The evidence does not support a finding of service connection.

The Board has granted service connection for the Veteran's cervical spine, lumbar spine, and skin disabilities based on in-service injury and continuity of symptomatology.

The Veteran's low back disability was rated at 20 percent from October 15, 2007 through March 12, 2012. After that date, the disability has been rated as 20 percent.

The Board has determined that the Veteran is unable to secure and maintain substantially gainful employment due to his service-connected disabilities, including a lumbar spine disability and left knee disability. The claim for TDIU is granted.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of the Veteran's claimed conditions.

The Board has determined that the Veteran's right leg lengthening, pelvic pain, and low back disability are not service-connected as they are either congenital in nature or secondary to his service-connected kidney injury.

The Board has granted service connection for a cervical spine disorder and a TDIU since June 20, 2011. The Veteran's right shoulder disability is considered the primary cause of his current cervical spine disorder.

The Veteran is granted a 20 percent rating for her service-connected cervical spine disability with radiculopathy of the arms, effective from October 10, 2008. She is also granted TDIU based on her service-connected disabilities.

The Board has reopened the Veteran's claims for service connection for a respiratory disorder, right elbow injury residuals, and back disability. The claim of service connection for a respiratory disorder is granted as it relates to in-service treatment and overlaps with both asthma and bronchitis. Service connection for the right elbow injury and back disability are also granted based on evidence showing continuity of symptoms since service.

The Board has granted service connection for the Veteran's low back disability and found that it is related to his active duty service. The Veteran's TDIU claim remains pending as the RO has not yet assigned an extraschedular rating.

The Veteran's appeal for a higher rating for intervertebral disc syndrome with lumbosacral strain with spondylolisthesis was withdrawn, and the Board dismissed the appeal due to this withdrawal.

The Veteran's appeal is being remanded for further development, including additional examinations and opinions to address the severity of his service-connected psychiatric and muscle disabilities, as well as claims for service connection for lumbar spine, cervical spine, hip, knee, or ankle disabilities.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is being remanded due to inadequate VA examination and incomplete medical records.

The Board finds that the Veteran's lumbosacral strain was incurred during active duty service and grants her claim for service connection.

The Veteran's service connection claims for a back disability, bilateral hearing loss, and tinnitus have been granted. The decision found that the Veteran's current tinnitus had its onset during active duty due to noise exposure in combat.