Back / lumbar spine decisions — 2016

The Board has remanded the case due to incomplete search for military records and further investigation is required.

The case is being remanded for further development of the record, including obtaining treatment records from January 1996 through March 2001 at the Detroit VA Medical Center.

The Veteran's initial claim for a higher rating for his lumbar spine disability was denied. However, the Board granted a TDIU from March 6, 2010 based on evidence showing he is unable to secure or follow substantially gainful employment due to service-connected disabilities.

The Veteran's service-connected lumbar spine and left ear disabilities did not render him unable to obtain or retain substantially gainful employment prior to March 19, 2008.

The Board has determined that the Veteran's back disability began during his active military service and has continued since then, granting service connection.

The Veteran's back disability did not increase in severity due to VA chiropractic treatment on August 21, 2007. The additional pain was a result of the carelessness or negligence of the VA in providing medical treatment.

The Veteran's claims for higher initial ratings for his service-connected low back strain and left knee disability were denied. The Board found that the applicable schedular criteria are adequate to evaluate each disability under consideration at all pertinent points.

The Board has determined that the Veteran's lumbar spine disorder, including degenerative disc and joint disease, is etiologically related to his active duty service.

The Veteran's low back disability was rated at 10 percent from August 20, 2010 to September 5, 2011 and at 40 percent since September 6, 2011. His left lower extremity radiculopathy was rated at 20 percent since July 8, 2013.

The Board has determined that the Veteran does not have a current low back disability related to his active military service and therefore denied his claim for service connection.

The Veteran's lumbar spine disability has been rated at 20 percent since March 20, 2012. The Board finds that the Veteran is entitled to a higher rating for his lumbar spine disability prior to this date.

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

The Veteran's claims for higher ratings and service connection are remanded due to the need for additional examinations.

The VA Board of Veterans' Appeals has determined that the Veteran's low back disorder, diagnosed as degenerative disc disease (DDD), was not incurred in or aggravated by service and is not presumed to have been due to his military service. The Board found no medical evidence linking the current DDD to service.

The Veteran's service-connected herniated lumbar disc, L3, status post discectomy with scar, is rated at 20 percent since September 15, 2014. His service-connected sciatica, left lower extremity, is also rated at 10 percent. The appeal for a TDIU remains pending.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the extent of his thoracolumbar spine disability and its manifestations during flare-ups.

The Veteran's claim for an increased rating for his service-connected lumbar strain is being remanded due to the need for a new VA examination to determine the current severity of his disability and whether it has worsened.

The Board has determined that the Veteran's low back and cervical spine disabilities are related to his active duty service, establishing service connection.,Service connection for tinnitus is also granted as it is found to be related to in-service noise exposure.

The Veteran's appeal for increased ratings for his intervertebral disc syndrome (previously rated as low back strain) was denied. The disability is currently rated 40 percent from July 1, 2009 and the claimant has not received a higher rating.

The Board has determined that the Veteran's low back and left knee disabilities are not related to service, and thus denied his claims for service connection.