Back / lumbar spine decisions — 2016

The Veteran's lumbar spine disability was initially rated at 10 percent from March 6, 2007 to January 6, 2008. From January 7, 2008 to March 14, 2013, the rating was increased to 20 percent. Since March 15, 2013, a higher rating of 40 percent has been granted.

The Board has remanded the increased rating claim for the lumbar spine disability and the right knee disability issue due to ambiguities in the Court's Order. The Veteran is also required to provide new evidence for his sleep apnea claim.

The Board granted a rating of 40 percent for the Veteran's service-connected lumbar spine disability effective December 27, 2012. The criteria for an increased rating in excess of 40 percent were not met during any period on appeal.

The Veteran's lumbar spine disability is rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5243 for IVDS. The other issues have not been granted as the evidence does not support a higher rating based on current symptomatology and examination findings.

The evidence does not support a finding that the Veteran's current lumbar spine disability is related to his in-service injury, and therefore service connection cannot be established.

The Veteran's claims for service connection of various conditions were denied. The Board found that the evidence did not support a finding that any of these conditions are related to his military service.

The Veteran's service-connected disabilities do not result in the loss of use of either foot or hand, and therefore he does not meet the basic eligibility requirements for automobile and adaptive equipment.

The Veteran's service-connected lumbar spine disability has been rated at 10 percent from August 19, 2007 to July 21, 2012 and from August 21, 2013, and at 20 percent since July 14, 2014. The Veteran's claim for an increased rating is denied as the disability does not warrant a higher rating under VA's rating criteria.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated during service and arthritis may not be presumed to have been so incurred.

The Veteran's lumbar spine spondylosis with degenerative disc disease was rated at 10 percent prior to November 10, 2015. The claim for a higher rating is granted.

The Veteran's low back disability resulted in severe intervertebral disc syndrome prior to September 27, 2000. From September 27, 2000, the disability did not meet criteria for a higher rating based on incapacitating episodes or ankylosis.

The Veteran's appeal is denied as his conditions have not met the criteria for increased ratings or service connection.

The Veteran's service-connected low back disability has rendered him unable to maintain substantially gainful employment since September 19, 2014. The Board grants a TDIU effective from that date.

The Board denied the Veteran's claims for service connection for a low back disability, dental condition (treatable carious teeth), and PTSD. The denial is based on lack of new and material evidence for the low back disability claim and because the Veteran does not have a compensable dental disability or a compensable rating for his right wrist scar.

The Board has granted a 50 percent disability rating for bilateral hearing loss effective March 5, 2014. The Veteran's claim for service connection for low back disorder and leg pain and neuropathy is also granted.

The Veteran's lumbosacral strain is currently evaluated at 20 percent, and the Board finds that a higher rating is not warranted. The evidence shows forward flexion of the thoracolumbar spine to 60 degrees or more during his VA examinations.

The Veteran's appeal is being remanded due to his request for a video conference hearing. The case will be returned to the Board after scheduling the requested hearing.

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

The Board has denied all the Veteran's claims for earlier effective dates for service connection, finding that May 10, 2010 is the correct date of receipt of his initial claim.

The Board has found that the Veteran's Parkinson's disease is service-connected due to herbicide exposure during his active duty at Takhli Royal Thai Air Force Base. The lumbar and cervical spine claims are remanded for further examination and opinion.