Back / lumbar spine decisions — 2017

The Veteran's back disability is currently rated at 40 percent from August 9, 2011. The claim for a higher rating prior to that date remains denied.

The Board has determined that the Veteran's right knee disability and lumbosacral strain were not incurred or aggravated by service, and therefore denied both claims.

The Veteran seeks service connection for lumbosacral and cervical conditions, which he claims as a back condition. The Board has remanded the case due to insufficient evidence on whether his current back disability is related to service.

The Board has determined that the Veteran does not have a hearing loss disability for VA purposes and therefore, service connection for bilateral hearing loss is denied. The low back disability issue remains pending.

The Veteran's claims for higher evaluations for his lower back arthritis and a total disability rating due to individual unemployability have been denied. The Board found that the evidence did not support an evaluation in excess of 20 percent before March 6, 2007 or in excess of 40 percent beginning March 6, 2007 for his lower back arthritis. He was also found to not meet the criteria for a TDIU prior to December 19, 2012.

The Board has remanded the case for further development due to a request for a new hearing and other procedural issues.

The Board found that the Veteran's currently diagnosed degenerative disc disease of the lumbar spine is not related to his military service or any incident therein.

The Board denied service connection for a jaw disability and found that the Veteran's low back disability did not have its onset in service or due to military service. The evidence showed no significant medical findings related to the low back until after service, with mild degenerative changes noted later.

The Board denied the Veteran's claims for initial disability ratings and TDIU, finding that the evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's lumbar spine disability is rated at 10 percent, effective from the date of claim. The tinea pedis has been found to be non-compensable.

The Veteran's service-connected disabilities did not meet the minimum percentage requirements for award of a TDIU prior to June 15, 2012. His prostate and low back disabilities did not preclude obtaining or retaining substantially gainful employment.

The Veteran's service-connected disabilities do not render him unemployable due to his inability to secure or follow a substantially gainful occupation.

The Veteran's lumbar spine disorder with DDD is currently rated at 20 percent, and the post-operative hemorrhoids are rated as non-compensable. The sinus disorder is rated as 10 percent disabling. The Board finds that none of these ratings warrant an increase in rating.

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 remanded the claims of service connection for cervical and lumbar spine disabilities due to a lack of consideration of the Veteran's statements regarding his in-service injuries, as well as treatment records from the 1980s onwards. A new medical opinion is required.

The Board has remanded the case due to missing or unavailable Veteran's STRs and other documents that need translation. The claims for service connection will be reconsidered after these records are obtained.

The Veteran's erectile dysfunction is not compensable, and his degenerative disc disease of the lumbar spine does not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his service-connected lumbar spine disability. The Veteran will be provided an opportunity to respond after any additional development.

The Veteran's appeal is being remanded for further development and consideration of the case by the AOJ.

The Veteran's appeal has been dismissed due to his death. The claims for service connection and a rating for the scar have also been dismissed.