Back / lumbar spine decisions — 2017

The Veteran's appeal has been dismissed due to his death. The claim of service connection for a back disability is no longer before the Board.

The Veteran's claims of service connection for a neck condition with degenerative disc disease and headaches have been remanded due to the failure to appear at scheduled VA examinations. The case will be returned to the Board after further examination.

The Veteran's claims for higher staged initial ratings for his service-connected low back disability and entitlement to service connection for a left hand disability were denied. The Board found that the evidence did not support an increased rating or service connection.

The Veteran's disability of the lumbar segment of the spine is currently rated at 40 percent, which is the maximum schedular rating available under VA guidelines. The Board found that there was no evidence of unfavorable ankylosis or incapacitating episodes meeting the criteria for higher ratings.

The Veteran's low back pain with DDD is currently rated at 20 percent, the maximum schedular rating for this condition.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective May 17, 2007. The Board denied a higher rating for the period prior to May 17, 2007 and denied entitlement to TDIU prior to February 1, 2016.

The Board has remanded the issues of an increased rating for the right knee disability and entitlement to a TDIU due to noncompliance with remand directives. The remaining claims have been addressed, but no SOC has been issued.

The Veteran's claim for a higher rating for his thoracolumbar spine strain with degenerative changes was denied. The current rating of 20% is maintained since May 23, 2014.

The Board has determined that the Veteran's acquired low back disability, including arthritis, was not incurred in or aggravated by service and is therefore denied.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his service-connected disabilities and determine if there are any errors in the current ratings.

The Board has determined that the Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment, and thus does not meet the criteria for an extraschedular TDIU.

The Board found that the Veteran's degenerative disc disease of the lumbar spine was not caused or aggravated by his service-connected hallux valgus.

The Veteran's claims for increased ratings for bilateral hearing loss, IVDS of the lumbar spine prior to July 28, 2015, and service connection for obstructive sleep apnea with CPAP were denied. The Veteran was granted a TDIU.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his lumbar and cervical spine disabilities.

The Board has determined that the Veteran's lumbar strain is attributable to service and granted her claim for service connection.

The Veteran's lumbar spine intervertebral disc syndrome and associated radiculopathy were rated at 20 percent from February 23, 2009, to September 23, 2015. Since then, a 40 percent rating has been granted for the entire period.

The Board found no evidence of a low back injury in service, no manifestation of arthritis within the first postservice year, and no continuity of symptomatology. The Veteran's current low back disability is not shown to be related to his service. Therefore, service connection for a low back disability was denied.

The Board found no evidence to support the Veteran's claims for service connection of a low back disability and bilateral leg disability, concluding that these conditions are not related to his military service.

The Veteran's bilateral hip arthritis and lumbar spine arthritis are not service-connected. His diabetes mellitus is currently rated at 20 percent, but does not meet the criteria for a higher rating.

The Board finds that the Veteran's low back disability is not service connected, as there is no evidence of a current disability related to his active duty or any service-connected condition.