Back / lumbar spine decisions — 2016

The Veteran's lumbar spine disability was rated at 20 percent disabling from December 17, 2009 to November 19, 2015. From November 20, 2015 onwards, the disability has been rated at 40 percent disabling. The Board found that an evaluation in excess of 20 percent was not warranted for any part of this period.

The Veteran's claims for service connection are being remanded due to the need for further development and examination.

The Board has determined that the Veteran's low back disability was not incurred during active duty and is not otherwise related to military service.

The Board has remanded the case for clarification of a previous VA examination and to obtain additional medical records. The Veteran's claim will be reconsidered based on this new information.

The Board denied the Veteran's claims for an earlier effective date for TDIU and service connection for sleep apnea, finding no clear and unmistakable error in the October 2000 rating decision. The claim for SMC based on need for aid and attendance was remanded.

The Board has remanded the claims due to insufficient medical evidence and needs further examination for both lumbar spine disorder and sinusitis.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of the Veteran's back disability. The claim will be adjudicated again after the additional development is completed.

The Board has decided to remand the case for additional development, including obtaining an adequate VA medical opinion regarding the etiology of the Veteran's low back disability and considering his contentions about an altered gait.

The Board has determined that the Veteran does not have a current ankle or back disability and therefore, service connection for these conditions is denied.

The Board has determined that the Veteran's tinnitus and low back disability are service-connected, with the latter being granted based on a finding of direct service connection due to in-service injury. The claim for tinnitus was denied as there is no evidence of continuity of symptomatology since service.

The Veteran's acquired psychiatric disorder, including PTSD, anxiety, memory loss, and depression, is related to his service-connected diabetes mellitus. The Board has granted service connection for this condition.

The Veteran's cervical spine disability required convalescence following surgery until May 24, 2010. The Board granted an extension of the temporary total convalescence rating to June 1, 2010.

The Veteran's appeal is remanded due to the need for additional medical examinations and records review. The issues of service connection for bilateral hearing loss, tinnitus, and low back disorder are pending.

The Veteran's insomnia is considered part of his service-connected psychiatric disability, and thus no separate claim for this condition was granted.,Service connection for sleep apnea has been established as it is at least as likely as not aggravated by a pre-existing service-connected allergic rhinitis.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA examinations to assess the impact of his service-connected disabilities on his employability. The RO will also consider whether he has submitted a completed VA Form 21-8940 and address any related issues.

The Veteran's service-connected lumbar spondylosis (low back disability) and postoperative right knee disability with chondromalacia and traumatic arthritis have not met the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that the Veteran's back disability did not originate during service and is not otherwise etiologically related to service. The claim for service connection for back disability is denied.

The Veteran's service-connected lumbar spine and right AC joint disabilities have not met the criteria for higher initial evaluations.

The Veteran's claims for higher ratings on multiple conditions were denied, and the RO maintained the current disability rating of 20 percent for lumbar spondylosis with degenerative disc disease at L5-S1.

The Veteran's service-connected degenerative disc disease of the lumbar spine is currently rated at 10 percent, and his range of motion does not meet the criteria for a higher rating. The claim for PTSD remains pending.