Back / lumbar spine decisions — 2016

The Veteran's claim for an earlier effective date for a TDIU was denied as there were no pending claims prior to October 1, 2012 and the criteria for a schedular TDIU had not been met.

The Veteran's claims for increased ratings for GERD, TBI residuals, and bilateral plantar fasciitis were denied as his conditions did not meet the criteria for higher ratings under VA rating criteria.

The Board found that the Veteran's back disability was not caused or aggravated by his service-connected left lower extremity disabilities, and denied both claims for service connection.

The Board has remanded the case due to incomplete records and the need for additional medical opinions.

The Board has remanded the case for further development, including obtaining a new medical opinion to determine if the Veteran's lower back disability is related to service and/or secondary to his service-connected cervical spine disability.

The Veteran's appeal is being remanded due to the failure of his scheduled Board hearing. He will be given another opportunity to appear for a hearing before a Veterans Law Judge at the RO.

The Board denied the Veteran's claims for service connection for low back and right shoulder disabilities, as well as his requests for increased evaluations for pilonidal cyst and pilonidal cyst scar. The VA examinations indicated that any current conditions were not related to service.

The Veteran's thoracolumbar spine disability, hypertension, arteriosclerotic peripheral vascular disease of the right lower extremity, and right knee strain are all service-connected. The Veteran is granted increased ratings for his hypertension (to 10%) and right knee strain (from 0% to 10% prior to October 5, 2015).

The Veteran's claim for a higher rating for his chronic adjustment disorder with mixed anxiety and depressed mood has been granted, effective from June 27, 2011. The other issues have not been resolved.

The Veteran's service-connected lumbar DDD and right sciatic nerve dysfunction were granted initial schedular ratings of 10 percent prior to May 2015, with a subsequent increase to 20 percent effective from November 30, 2013.

The Board has found that there may be outstanding SSA records relevant to the Veteran's cervical and lumbar spine disabilities, and thus remanded for further development including seeking these records.

The Veteran's claim for an increased rating for chronic lumbosacral strain was denied. The VA examiner found that the Veteran’s range of motion did not meet the criteria for a higher evaluation, and his symptoms were adequately addressed by the current 10 percent rating.

The Veteran's appeal was denied for higher evaluations of his service-connected conditions, including degenerative disc disease of the lumbar spine and bilateral hearing loss. The issues raised include TDIU.

The Veteran's intervertebral disc syndrome of the lumbar spine was rated at 60 percent disabling from February 5, 2003, to September 1, 2003. The service-connected tenosynovitis of the right ankle also warranted a zero percent rating during this period.

The Veteran's lumbar spine disorder with sciatica was granted a 40 percent disability rating effective January 5, 2010.

The Board denied the Veteran's claims for service connection for right ankle, low back, and left shoulder disabilities due to a lack of evidence showing these conditions were incurred or aggravated by his military service.

The Board has remanded the case due to inadequate rationale in a previous VA examination and the need for updated treatment records. The Veteran's low back disability is being evaluated again to determine if it is related to service.

The Board has remanded the case for further development and adjudication due to concerns raised by the Court regarding the adequacy of a June 2014 VA examination.

The Board found that the Veteran was not entitled to a TDIU prior to April 1, 2003 due to his service-connected disabilities.

The Veteran's service-connected disabilities have precluded substantially gainful employment since May 1, 2009.