Back / lumbar spine decisions — 2016

The Veteran's appeal is being remanded for further action, including scheduling a videoconference hearing before the Board of Veterans' Appeals.

The Board has assigned separate 10 percent ratings for each knee due to pain and functional limitation, resulting in a mixed disposition on the issues of service connection. The Veteran's bilateral knee disability is currently rated as 10 percent disabling under Diagnostic Codes 5260 and 5261.

The Veteran's initial rating for thoracolumbar spine strain with scoliosis was granted at a 10 percent rating, and his migraine headaches were initially rated at a non-compensable (0%) rating. The current effective date is not provided in the decision summary.

The Veteran's claims for a higher rating for his lumbosacral strain and TDIU are being remanded due to the need for additional examination and development of medical records.

The Veteran withdrew his appeal for higher ratings of tinnitus, low back disability, and hemorrhoids disabilities.

The Veteran's low back disability was not shown to meet the criteria for a higher rating, and his claim for an increased rating is denied.

The Board finds that the Veteran's current lumbar spine disability, diagnosed to include arthritis or DJD, is related to service and grants service connection for this condition.

The Veteran's service connection claims for a back disability, right leg disability, prostate disorder, and erectile dysfunction are granted. Service connection is established for ischemic heart disease due to herbicide exposure in Vietnam.

The Board has remanded the case for additional development due to missing VA treatment records, specifically related to an August 2014 spine surgery.

The Veteran's service-connected disabilities, including his tension headaches rated at 50 percent disabling and bilateral flat feet rated at 30 percent disabling, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU.

The Board has decided to remand the case due to incomplete VA examination report and need for additional treatment records. The Veteran's claim will be reconsidered based on all evidence.

The Board has determined that the Veteran's low back disability is a result of his active service, and therefore grants service connection for this condition.

The Board denied the Veteran's claims for service connection for fibromyalgia, a back disorder, and hypertension. The evidence did not establish new and material evidence to reopen the claim for fibromyalgia. Service connection was also denied for the back disorder and hypertension as there is no direct or presumptive evidence of these conditions during service.

The Board has remanded the case due to new evidence received after a previous decision, and further review is needed before an appropriate rating can be determined.

The Board found that the Veteran's low back, hip, and bilateral knee disabilities did not manifest during her periods of service or were otherwise related to such service. The preponderance of evidence is against a finding that these conditions are service-connected.

The Veteran's claims for increased ratings for his lumbar spine disability and associated radiculopathy of the left lower extremity were denied. The Board found that the evidence did not support a higher rating based on the orthopedic component or neurological symptoms.

The Veteran was awarded a TDIU effective December 1, 2004. The Board found that he was unemployable due to his service-connected disabilities between January 25, 1996 and December 1, 2004.

The Board found no evidence of a low back disorder or neck disorder in service and denied the Veteran's claims for service connection.

The Board found that the Veteran's current lumbar spine disability is not related to his military service and denied his claim for service connection.

The Veteran's service-connected degenerative disc disease of the lumbar spine warrants a 40 percent evaluation effective December 1, 2011. He is also entitled to a separate compensable evaluation for radiculopathy of the left lower extremity associated with his back disability.