Back / lumbar spine decisions — 2017

The Veteran's appeal is being remanded due to the need for a Board hearing at the RO.

The Veteran's claim for an increased rating for his service-connected left lower radiculopathy disability was denied as the current schedular criteria are adequate to rate the disability at all pertinent points, and no claim of unemployability due solely to this disability has been raised.

The Veteran's claims for increased ratings for bilateral pes planus, thoracolumbar spine, and cervical spine disabilities were denied as the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has remanded the case for further development, including examinations to determine if the Veteran requires aid and attendance or is housebound due to his service-connected conditions. The earlier effective date issue remains pending.

The Board denied service connection for gastrointestinal and skin conditions, but granted TDIU prior to June 22, 2011.

The Veteran's service-connected disabilities alone are not of such nature and severity as to have prevented him from securing or following any substantially gainful employment.

The Board has determined that the Veteran's back disability had its onset during active service and continues to exist, granting service connection for this condition.

The Board has restored the Veteran's 20% disability rating for his lumbar spine disability effective November 1, 2010. The reduction from 20% to 10% was improper due to lack of sustained improvement in the Veteran's service-connected condition under ordinary conditions of life and work.

The Board found that the Appellant's low back disability did not have its onset during his period of active service and was not aggravated by any subsequent qualifying service. The claim for service connection is therefore denied.

The Veteran's claims for increased ratings for lumbar strain, right knee sprain, and recurrent left ankle strain are being remanded due to inadequate VA medical examination reports that failed to comply with the Court's holdings in Mitchell v. Shinseki and DeLuca v. Brown.

The Veteran's TDIU claim is being remanded for further development, including obtaining updated VA treatment records and an addendum opinion from the July 2015 VA examiner regarding the extent of functional impairment due to his service-connected right and left upper and lower extremity neuritis.

The Board denied the Veteran's claim for service connection for a low back disability, finding that there was no evidence of a chronic disease in service or within one year of separation. The Board also found that the Veteran did not have a current low back disability and that any back pain he experienced was due to his work-related injury after service.

The Veteran's lumbar spine disability is rated at 40 percent, effective August 29, 2007. The claim for an earlier effective date of September 7, 2007, for the award of a TDIU has been granted.

The Board found no evidence of a low back disability during service or within one year post-service, and concluded that the current arthritis is not related to any in-service injury. The Veteran's symptoms began years after his active duty service.

The Veteran has withdrawn his appeal, and no further questions of fact or law remain for appellate consideration.

The Veteran's TDIU claim is being remanded for additional development, including obtaining medical records and scheduling an examination to assess the severity of his service-connected cervical strain, lumbar strain, radiculopathies.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's lumbosacral strain with disc disease was initially rated at 20 percent from June 17, 2008 to November 13, 2010 and later increased to 40 percent since November 14, 2010. The decision is mixed as the Veteran's condition did not meet criteria for higher ratings during certain periods.

The Board has found that the Veteran's current cervical spine DDD is related to her active service, and therefore grants her claim for service connection.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective December 2, 2016. The Board found that the criteria for a higher rating prior to this date were not met.