Back / lumbar spine decisions — 2016

The Veteran's low back disability was granted with a rating of 20 percent, effective November 18, 2010.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine has not met the criteria for a disability rating in excess of 20 percent prior to July 21, 2010 or from October 1, 2010 through September 26, 2013. For the period of September 27, 2013 through January 7, 2016, it has not met the criteria for a disability rating in excess of 40 percent. After January 8, 2016, it has not met the criteria for a disability rating in excess of 50 percent.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, skin disability, hypertension, and low back disability. The decision found no current diagnosis of these conditions prior to or during the pendency of the claim, and there was insufficient evidence linking any diagnosed disabilities to military service.

The Veteran's claim for increased disability rating for his service-connected multi-level degenerative joint disease (DJD) of the lumbar spine is being remanded due to the need for a new VA examination.

The Board has dismissed the Veteran's appeal concerning his increased rating for degenerative disc disease and degenerative joint disease of the lumbar spine, rated as 40 percent disabling. The claim for an initial disability rating in excess of 10 percent for sciatica of the left lower extremity is denied.

The Board denied service connection for a cervical spine disorder and found that the Veteran's right shoulder disability did not preclude him from obtaining TDIU. The Veteran appealed the decision regarding his right shoulder disability to the Court, which vacated the portion of the June 2014 Board decision holding that TDIU was not raised by the record.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a social and industrial survey to determine his ability to work due to service-connected disabilities.

The Veteran's back disability (lumbosacral strain) is service-connected.,Service connection for bilateral knee disability, type 2 diabetes mellitus, and hypertension is not granted.

The Veteran's low back disability was rated at 20 percent from October 25, 2007 to December 19, 2015. The evidence showed that the Veteran experienced pain and limited range of motion but did not meet criteria for higher ratings based on ankylosis or intervertebral disc syndrome.

The Board has remanded the Veteran's claim due to his incarceration and inability to attend scheduled VA examinations. The case is now pending for further development.

The Board found that the Veteran's combined rating for his service-connected disabilities (40% for lumbar spine intervertebral disc syndrome with degenerative arthritis of the spine and 10% for bilateral lower extremity radiculopathy) did not meet the schedular threshold for TDIU. The Director denied entitlement to a TDIU on an extraschedular basis, concluding that it was possible he could be substantially gainfully employed in a sedentary occupation.

The combined effect of the Veteran's service-connected disabilities has rendered him unemployable/unable to secure and follow a substantially gainful occupation, meeting the schedular requirements for TDIU eligibility.

The Board has reopened the Veteran's claims for service connection for a low back disability and bilateral hearing loss, and finds that there is at least equipoise evidence in favor of these conditions being related to service. The Veteran's other neurological disabilities are also found to be related to service.

The Veteran's erectile dysfunction, low back disability, left knee disability, right wrist disability, bilateral hearing loss, and sleep disorder are all granted as service-connected.

The Veteran's appeal is remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Board denied the Veteran's claims for service connection for a low back disability, initial evaluations for anxiety disorder NOS and depressive disorder NOS prior to September 3, 2015, and PTSD beginning September 3, 2015. The Veteran was also denied TDIU.

The Veteran's back disability necessitated a temporary total rating through January 26, 2012. The Board granted an extension of the temporary total rating to January 26, 2011.

The Board has remanded the case for additional development, including obtaining a supplemental medical opinion and a VA examination to address the Veteran's cervical spine disability. The appeal will be returned to the Board after further consideration.

The Board has determined that the Veteran's appeal for a rating in excess of 10 percent for tinnitus was withdrawn. The claims for service connection for bilateral knee and elbow disabilities, as well as migraine headaches, secondary to service-connected conditions, have been denied due to lack of credible evidence linking these conditions to service or service-connected disabilities.

The Veteran's appeal has been withdrawn, and the case is dismissed.