Back / lumbar spine decisions — 2017

The Veteran's claims for increased ratings and TDIU were denied as he failed to report for scheduled VA examinations without good cause. His service-connected disabilities do not meet the criteria for a TDIU on schedular or extraschedular basis.

The Veteran's post-operative left ear scar is found to be related to service, and the claim for service connection is granted.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's claims for service connection have been partially granted, with some issues being granted and others denied. The Veteran has a diagnosed acquired psychiatric disorder (panic disorder with agoraphobia) related to service, but the Board is remanding other claims due to insufficient evidence.

The Veteran's claim for increased ratings for service-connected lumbosacral strain prior to August 6, 2009 was denied. For the period after August 6, 2009, a rating in excess of 20 percent is not warranted.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and SSA records. The Veteran's lumbar spine disability will be evaluated again to determine its current severity.

The Board has received notification from the appellant's representative that they wish to withdraw their appeal on all issues, including service connection for left shoulder disorder, back disorder, bilateral hip disorder, and right knee disorder.

The Board has determined that the Veteran's lumbar spine disorder, including degenerative joint disease and spina bifida occulta, is service-connected due to a superimposed injury during active duty service. The issue of initial compensable evaluation for dermatophytosis of the bilateral feet and toenails remains pending.

The Board denied service connection for chronic ear infections and a back disability, finding that the evidence did not support a nexus between these conditions and service.

The Board has remanded the case due to scheduling issues and will provide another hearing for the Veteran.

The Veteran's low back disability is currently rated at 10 percent, but does not meet the criteria for a higher rating under VA's rating criteria. The Veteran's symptoms do not warrant an increased rating as his range of motion and functional impairment are within the limits allowed by the current 10% rating.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for a lumbar spine disability and cervical spine disability, as secondary to his service-connected thoracic spine disability. The VA examiners found no medical nexus between these conditions and the in-service injury.

The Veteran's TDIU claim is denied as he is currently employed and able to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's lumbar spine disability is currently rated at 20 percent. Effective December 13, 2014, the rating has been increased to 40 percent.

The Board has denied the Veteran's claims for service connection for low back, bilateral hands, and bilateral knees disabilities as there is no competent evidence of current disability or a nexus to active service.

The Veteran's appeal is being remanded for additional development to address the etiology of his right ankle disability, acquired psychiatric disabilities, neck trauma and lower back conditions. The Veteran has not been provided with a VA examination regarding his right eye condition.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and bilateral lower extremity radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his cervical spine and left radial shaft disabilities, as well as the etiology of his bilateral hand arthritis, right elbow and wrist pain, right subacromial bursitis, left scapulothoracic bursitis, lumbar strain, right ankle sprain, and left knee arthritis.

The Veteran's appeals for service connection for hearing loss, allergic rhinitis, and migraines have been withdrawn. The appeal for a higher rating for his lumbar spine disability is being remanded.

The Board has granted service connection for the Veteran's right and left foot disabilities other than calluses, as well as his lumbar spine, right knee, and left knee disabilities. These conditions are deemed to have been incurred during service due to their progression over time.