Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing. The issues on appeal are the rating for chronic lumbar strain and entitlement to TDIU.

The Veteran's lumbar spine disability resulted in incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months, which meets the criteria for a higher 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's lumbar spine disability is currently rated at 40 percent disabling, effective March 22, 2010. The Board finds that the evidence does not support a higher rating for any period of time.

The Board has determined that the Veteran's claimed low back, neck, and neurological disabilities are not related to his military service.

The Board has remanded the claims due to inadequate examination and opinion regarding service connection for low back and bilateral hip disabilities, specifically whether they are aggravated by service-connected bilateral knee disabilities.

The Veteran's claims for increased ratings for his service-connected lumbosacral strain and mood disorder prior to November 1, 2012 were denied. The Board found that the current disability ratings adequately reflected the severity of the conditions.

The Board denied the Veteran's claims for ratings in excess of 20 percent prior to April 22, 2013 and in excess of 40 percent from April 22, 2013 forward for lumbosacral strain. The TDIU claim was also denied.

The Veteran's appeal is being remanded for additional development to clarify conflicting findings and obtain a new VA examination.

The Veteran's thoracolumbar spine disability is rated at 20 percent for orthopedic impairment, and separate 10 percent ratings are assigned for neurological impairment of the right and left lower extremities.

The Veteran's appeal involves issues related to his service-connected degenerative disc disease (DDD) of the cervical and lumbar spine. The case is being remanded for further development, including scheduling a Board hearing.

The Board found that the Veteran's current neck condition is less likely than not related to his in-service injury and thus denied service connection for this condition.

The Veteran's claims for service connection for an acquired psychiatric disorder other than dysthymic disorder/depression and a lumbar spine disorder were denied. The Veteran was granted TDIU and SMC based on his service-connected disabilities, effective June 10, 2010.

The Veteran's degenerative arthritis of the lumbosacral spine has not been shown to warrant a rating higher than 10 percent prior to April 21, 2010.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the etiology of the Veteran's chronic kidney disease and a neurological examination for his lumbar spine. The issues remain on appeal.

The Board has remanded the issue of whether new and material evidence has been received to reopen a claim for service connection for low back strain due to pending appeal or finality issues.

The VA determined that the appellant's current back disability was not incurred in service and may not be presumed to have been incurred due to a congenital defect. The Board found no evidence of an in-service injury.

The Veteran's lumbar spine disability, which included degenerative arthritis and bilateral L4 sciatic nerve involvement, was rated at 20 percent prior to May 11, 2011.

The Board found that there is no evidence to support the Veteran's claims of service connection for hypertension, type 2 diabetes mellitus, and a low back disability. The disorders were not noted on entrance or separation examinations, did not manifest within one year of service separation, and are not related to military service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has granted service connection for DJD/DDD of the lumbar spine and arthritis of the bilateral knees as secondary to service-connected feet and ankle disabilities. The Veteran's hearing loss is not compensable.