Back / lumbar spine decisions — 2016

The Veteran's appeal has been withdrawn by his representative before the Board could issue a decision.

The Veteran's claim for increased ratings for his service-connected chronic lumbar strain L5-S1 with discectomy was denied. The RO granted a 100% rating from November 10, 2008 until June 1, 2009. From that date forward, the Veteran is rated at 40%. The effective dates for these ratings are specified.

The Veteran's low back disability is currently rated at 20 percent, and the Board has determined that a higher rating of 40 percent is warranted based on limitation of motion.

The Veteran's initial claim for a higher rating for his lumbar spine disability was denied, and the Board remanded it for further development. The case is now being returned to the AOJ for additional development including obtaining VA treatment records and scheduling an orthopedic examination.

The Veteran's claim for a higher rating for chronic lumbar strain has been granted.,Service connection for eczema has also been established.

The Board found that the Veteran's back disability is not related to his active service or secondary to his service-connected right knee osteoarthritis.

The Board has determined that the Veteran's current back disability, including degenerative disc disease of the lumbar and thoracic spine, is related to her active service. The issue of whether her pre-existing scoliosis was aggravated by service remains in equipoise.

The Board has remanded the case due to the need for additional medical records and a new VA opinion regarding the etiology of the Veteran's back disability.

The Board denied service connection for low back disability, cervical spine disability, and bilateral carpal tunnel syndrome as the Veteran's conditions did not manifest within one year of separation from active duty or are not related to his military service.

The Veteran's lumbar spine disability was rated at 40 percent effective November 20, 1989. The claim for a higher rating is moot due to the grant of a single 60 percent rating for his combined spine disabilities. A separate 10 percent rating for left cervical radiculopathy has been granted and remains in effect. Effective November 20, 1989, the Veteran's TDIU and DEA eligibility were established.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes and therefore, service connection is denied.

The Board found that the preponderance of evidence is against finding that the Veteran's cervical spine disorder, to include arthritis, and thoracolumbar spine disorder are related to or resulted from his military service.

The Veteran's service-connected degenerative disc disease with spondylolisthesis is not shown to meet the criteria for a higher rating prior to February 15, 2011 or since that date.

The Board has granted the Veteran's petitions to reopen his claims for service connection for low back disability, chest pain, gastroesophageal reflux disease (GERD), left shoulder disability, arthritis, bilateral knee disabilities, left ankle injury, and psychiatric disability. The appeals are now remanded for further development.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional medical examination and development of records.

The Board has reopened the claim of service connection for a back condition and granted it. The claims for left ankle, right wrist, numbness of hands and arms, right rib, neck, and left elbow conditions were denied.

The Veteran's service-connected lumbar spine disability and associated neurological symptoms are currently rated at 10 percent, but the evidence does not support a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address his claims for service connection.

The Board has remanded the case due to the need for additional examinations and development of records, including SSA disability benefits information. The Veteran's service-connected lumbar spine, headache, and right knee disabilities are in dispute.

The Veteran's service-connected lumbar strain disability has been rated at 10 percent since October 18, 2010. The condition does not meet the criteria for a higher rating as it does not result in limitation of motion or ankylosis.