Back / lumbar spine decisions — 2016

The Board has determined that the Veteran's low back disability is related to his active service and grants service connection for degenerative changes of the lumbar spine with radiculopathy of the lower extremities. The issue of service connection for PTSD remains pending as it was not fully adjudicated in this decision.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and spondylosis, had its clinical onset during his period of active service. As such, the criteria for service connection have been met.

The Board has ordered a remand due to incomplete development and requests an addendum opinion from a different examiner. The Veteran's claim for service connection of his low back disorder is currently pending.

The Veteran's low back disability is currently rated at 40 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that a higher rating is not warranted as there is no evidence of unfavorable ankylosis or incapacitating episodes requiring bed rest.

The Veteran's claims for effective dates prior to August 2, 2013, and May 6, 2010, for the grant of service connection for loss of teeth 8 and 9 due to trauma and surgical scar, lumbar spine, respectively, have been denied.

The case is being remanded for additional development, including obtaining updated treatment records and scheduling a VA spine examination. The TDIU claim is inextricably intertwined with the increased rating claim.

The Veteran's appeal for TDIU was denied due to the lack of evidence showing he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Board has remanded the Veteran's claim for additional development due to a hearing officer being unavailable and the need for another hearing before a Veterans Law Judge.

The Board has granted service connection for lumbosacral degenerative disc disease and bilateral L5-S1 radiculopathy, but denied service connection for cervical spine muscle spasms, left upper extremity radiculopathy, carpal tunnel syndrome, osteoarthritis, ischemic heart disease, hypertension, and diabetes.

The Board has granted a 40 percent rating for the Veteran's low back disability, effective March 29, 2006. For bilateral lower extremity radiculopathy prior to May 27, 2009, the Veteran is rated at 10 percent each leg; from May 27, 2009, he is rated at 20 percent each leg.

The Veteran's intervertebral disc syndrome and right lower extremity radiculopathy have not met the criteria for a higher rating, with no evidence of ankylosis or incapacitating episodes as required for a higher rating.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's lumbar strain with degenerative changes is related to service and he is granted service connection.,His sinusitis is rated at 50 percent, with a separate 10 percent rating for occasional vertigo.

The Board has granted service connection for intervertebral disc syndrome of the thoracolumbar spine with radiculopathy of the bilateral lower extremities, finding that the Veteran's current low back disorder is related to his military service.

The Board has determined that additional development is needed, including new examinations for the Veteran's low back disability and bilateral hearing loss. The appeal will be remanded to the AOJ.

The Board has reopened the claim of service connection for a low back disability and granted entitlement to this condition. The Veteran's current diagnoses include osteoarthritis in his right leg, left knee, hips, and headaches, all presumed secondary to his service-connected low back disability.

The Board has determined that the Veteran's back disability is causally related to his military service and granted service connection for this condition. The claim of service connection for a left-sided oral disorder was also granted, as it is considered secondary to the right-sided oral disorder.

The Board has remanded the case for a VA examination to determine if the Veteran's service-connected disabilities preclude him from engaging in any type of gainful employment, with physical or sedentary work. The case is also referred to the Director for extra-schedular consideration on the issue of entitlement to TDIU.

The Veteran seeks service connection for bilateral hip and lumbar spine disabilities. The Board finds that additional development is needed prior to deciding the issues.

The Board has determined that the Veteran's claims for service connection for a neck disorder and low back disorder have been denied as there is no medical evidence showing a link between his current conditions and his period of active service.