Back / lumbar spine decisions — 2017

The Veteran's traumatic brain injury is rated at 40 percent, and her lumbar strain with associated lower radiculopathy has been rated at 20 percent prior to March 15, 2013, and 40 percent thereafter.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, right knee disability, headaches, lower back disability, bilateral hip disability as secondary to the lower back disability, neck disability, and left knee disability. The appeal was dismissed due to withdrawal of the appeal for the claim for entitlement to service connection for a right knee disability.

The Board has determined that the Veteran's claim for service connection for a lumbar spine disability, radiculopathy of bilateral lower extremities, and scars on low back was denied as new and material evidence had not been received to reopen the claims. The July 2004 rating decision is final.

The Veteran's neck disability and GERD were evaluated under the General Rating Formula for Diseases and Injuries of the Spine, but no IVDS was found. The VA examiners noted that the Veteran had DDD in his cervical spine without evidence of IVDS.

The Veteran's lumbar spine disability was rated at 40 percent prior to May 30, 2014 and is now rated at 40 percent as of that date. The rating decision grants the higher ratings.

The Veteran's lumbosacral spine disability was rated at 20 percent since May 17, 2011. The claim for an increased rating was denied as the disability did not meet the criteria for a higher rating under the current VA rating criteria.

The Veteran has withdrawn his appeals for increased ratings for service-connected bladder dysfunction, degenerative joint disease, lumbar spine, sensory deficit, right lower extremity, and sensory deficit, left lower extremity.

The Board has determined that the appellant does not have a current neck, back, or left arm disability that is related to his military service. The psychiatric claims are also denied as there is no evidence of an acquired psychiatric disorder in service or within one year thereafter.

The Veteran withdrew his appeal for increased ratings and reopening of service connection claims.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for a back condition and an anxiety disorder. The claims are therefore denied.

The Veteran would have been entitled to receive compensation at the 10 percent rate for a low back syndrome from May 17, 1979, but the July 18, 1988, decision denied both an earlier effective date and an increased rating. The Board found no CUE in either decision.

The Board found that the Veteran's low back disability was incurred in service and granted service connection for it. The respiratory disorder and left knee disability claims were denied as there is no evidence of a current disability related to service.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since February 14, 2011. The Board finds that the evidence is at least in equipoise on whether he has been able to obtain or maintain such employment.

The Board dismissed the appeal due to the death of the appellant.

The Board has granted service connection for lumbar and cervical arthritis, finding that the Veteran's current disabilities are related to his active duty service. The claim for TDIU is also remanded as it was not adjudicated by the RO.

The Veteran's low back disorder is found to be related to his active military service, and the claim for service connection is granted.

The Board has determined that the Veteran's current lumbar spine disability is not related to his service or a service-connected condition, and therefore denied the claim for service connection.

The Board found that the Veteran's back disability is not related to his service and denied his claim for service connection.

The Board has determined that the Veteran's current low back disorder, diagnosed as low back strain and intervertebral disc syndrome, is attributable to service. Service connection for this condition is granted.

The Veteran's lumbosacral strain was rated at 20% prior to April 18, 2016 and granted a 40% rating effective from that date. Bilateral lower extremity sciatic nerve radiculopathy has been rated as 10%. The Veteran is not entitled to higher ratings for either condition.