Back / lumbar spine decisions — 2016

The Board denied the Veteran's claims for initial compensable evaluation for bilateral hearing loss, service connection for a bilateral knee disorder, service connection for a back disorder, service connection for a bilateral hip disorder, and service connection for a bilateral ankle disorder.

The Board has determined that the Veteran's cervical stenosis, status post anterior posterior fusion, and lumbar spinal stenosis with neurogenic claudication are related to his active duty service. As such, the claims for these conditions have been granted.

The Board found that the appellant's current low back conditions are not directly related to his service, and denied his claim for service connection.

The Veteran's appeal is being remanded for further development and consideration of her claims, including a new VA examination for her bilateral foot disability.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 30 percent, effective June 24, 1985. The Board found that this rating was appropriate and denied an increased rating.

The Veteran's combined rating for his service-connected disabilities is 100%, rendering him eligible for a total disability rating based on individual unemployability (TDIU). However, as he already has a total rating due to the combined effects of all his service-connected disabilities, he cannot be granted TDIU based solely on these conditions.

The Board has granted a TDIU rating based on the Veteran's service-connected disabilities, including his low back strain with herniated disc L4-L5 and peptic ulcer disease. The effective date for this decision is not specified as it was previously denied in December 2009.

The Board found that the Veteran's lumbar spine, bilateral shoulder, and bilateral knee disorders did not manifest in service or within one year thereafter and are not otherwise related to his military service.

The Veteran's service-connected disabilities preclude him from obtaining and maintaining both physical and sedentary employment, meeting the criteria for a TDIU on an extraschedular basis.

The Veteran's service-connected disabilities prior to August 16, 2013 were rated at 70 percent for PTSD with depression. These conditions rendered him unable to secure and follow a substantially gainful occupation due to his physical impairments.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for cervical degenerative disc disease, left knee degenerative joint disease, or headaches prior to December 6, 2013.

The Board has determined that the Veteran's low back strain is not etiologically related to his active duty service.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since August 25, 2015. The Board has determined that the criteria for TDIU on a schedular basis are met.

The Veteran's degenerative disc disease of the lumbar spine with spondylolisthesis is rated at 40 percent, effective July 9, 2012. His bilateral lower extremity radiculopathy has been rated as 20 percent for each leg since September 13, 2011.

The Veteran's appeals for higher ratings for left and right knee disabilities, right ear hearing loss, and service connection for left ear hearing loss have been dismissed. The appeal regarding the April 2011 rating decision denying a petition to reopen a claim of entitlement to service connection for a neck disability was not timely filed. Service connection for a thoracolumbar spine disorder has been granted.

The Veteran's lumbar spine disability is rated at 40 percent since January 22, 2015. The rating remains in effect as the condition does not meet criteria for higher ratings.

The Veteran's appeals for increased evaluations for thoracolumbar and cervical spine disabilities were dismissed due to the death of the Veteran.

The Veteran's appeal is being remanded for additional development to include obtaining updated medical records and scheduling her for VA examinations to determine the nature and etiology of her claimed gynecological and back conditions.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected cervical spine disability, and for obtaining any relevant treatment records. The claim will be reconsidered based on the updated evidence.

The Veteran's claims for increased ratings and service connection were denied. The Veteran is not entitled to an initial evaluation in excess of 10 percent for her degenerative disc disease of the lumbar spine, and she does not have a compensable rating for recurrent urinary tract cystitis.