Back / lumbar spine decisions — 2017

The Veteran's degenerative disc disease of the lumbar spine was increased to a 20 percent rating as of October 20, 2016.

The Veteran's service-connected mechanical low back pain with degenerative joint disease, status post fusion with restless leg syndrome and IVDS is rated at 20 percent prior to October 28, 2016. From October 28, 2016, the disability remains rated at 40 percent.

The Veteran's low back strain and radiculopathy of the lower extremities have been rated at 40 percent for purposes of accrued benefits, reflecting a finding of moderate incomplete paralysis.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the combined effects of his service-connected disabilities on his employability. The claim will also be referred to the Director, Compensation Service for consideration of an extraschedular TDIU.

The Veteran's low back disability is not shown to meet the criteria for a rating in excess of 20 percent since October 14, 2011.

The Veteran's back brace, used for his service-connected lumbar and cervical spine disabilities, caused wear and tear to his clothing in 2015. The Board granted a clothing allowance based on this finding.

The Veteran's TDIU claim is being remanded for additional development, including obtaining updated SSA records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability.

The Board has remanded the Veteran's claims for additional development due to insufficient medical opinions and missing VA treatment records.

The Board has determined that the Veteran's back disability and right carpal tunnel syndrome did not have its onset during service or are otherwise related to service. The claims for these conditions were denied.

The Veteran has withdrawn his appeal for all issues listed on the title page.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his service-connected lumbar spine disability and radiculopathy.

The Board has determined that the Veteran's current low back, bilateral ankle, and bilateral foot disorders were not caused or aggravated by his service-connected right knee disability. The evidence does not support a finding of causation or aggravation.

The Veteran's claim for an initial compensable evaluation for bilateral hearing loss was denied.,The Veteran's claims for effective dates prior to July 31, 2009 for service connection and increased ratings for his bilateral knee disabilities were also denied.,His claim for a higher rating for his compression fracture L1 with chronic low back pain was denied.

The Veteran's appeal is being remanded due to the need for a Board videoconference hearing. The issues of service connection for a back disorder and increased rating for bilateral hearing loss are still pending.

The Veteran withdrew his claims of increased ratings and new service connection for various disabilities, including cervical spine, nasal disability, wrist carpal tunnel syndromes, bilateral hip disorder, and facet syndrome.

The Veteran has withdrawn his claims for service connection for an upper back disability and a left shoulder disability, and the Board does not have jurisdiction to review these issues.

The Board denied the Veteran's claims for an initial rating in excess of 40 percent for his service-connected low back disability and a separate claim for an initial rating in excess of 20 percent for his right sciatic nerve impairment. The evidence did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has decided to remand the Veteran's claim for additional development, including obtaining outstanding medical records and scheduling a VA examination.

The Board dismissed the appeals due to the Veteran's death, as they have become moot.

The Veteran's cervical spine disability has been rated at 20 percent prior to January 17, 2015 and at 30 percent as of that date. The Board finds no basis for a higher rating based on the evidence provided.