Back / lumbar spine decisions — 2017

The Veteran's claim for an earlier effective date for a 60 percent disability rating for his service-connected lumbosacral spine disability was denied as the earliest possible effective date has already been granted, which is July 22, 1999.

The Veteran's low back disability is rated at 40 percent since March 28, 2014. The Board found that the evidence did not show IVDS or indicate the occurrence of any incapacitating episodes, and thus the alternate rating formula for IVDS was not applicable.

The Veteran failed to report for scheduled VA examinations, resulting in the denial of his claims for increased ratings and service connection.

The Board has determined that the Veteran's current back disability was aggravated by his active duty service, and therefore grants service connection for it.

The Veteran's claim for an increased rating for his service-connected degenerative joint disease of the thoracolumbar spine is being remanded to obtain additional medical evidence and a new VA examination.

The Veteran has withdrawn all issues currently on appeal, including service connection for various conditions and increased ratings. The Board has no further jurisdiction in these matters.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's claimed low back disability, as well as whether it is related to his active service. The appeal will be remanded for this purpose.

The Veteran's lumbar spine disability was granted a 40 percent rating, and her radiculopathy of the right and left lower extremities were rated as 10 percent disabling since February 23, 2015. The painful abdominal scar received a compensable rating.

The Veteran's claims for increased ratings for his left ankle disability, lower back disability, and left lower extremity radiculopathy have been denied. The VA has provided appropriate examinations and considered all relevant evidence of record.

The Veteran's claim for service connection for depression secondary to a service-connected condition was granted. However, his claim for service connection for erectile dysfunction secondary to a service-connected condition was denied.

The Board has determined that a new examination is needed to determine the etiology of any low back disability, including whether it was caused or aggravated by service-connected diverticulitis. The case will be returned for further review after this examination.

The Veteran's cervical spine disorder, diagnosed as cervical strain and degenerative disc disease, is found to be incurred during military service.

The Veteran's combined disability rating is 80%, meeting the schedular requirements for TDIU due to service-connected disabilities. However, he is currently employed in a stable IT job and has successfully completed his associate's degree, indicating that his service-connected conditions do not render him unable to secure or follow substantially gainful employment.

The Board denied service connection for bilateral knee disabilities, a back disability, and bilateral hip disabilities. The Veteran's claims were not reopened due to lack of request for reconsideration in the original decisions.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for various conditions, including right shin splints, left shin splints, a back disorder, severe allergies, right leg swelling, left leg swelling, flat feet, and skin disorders. The appeal is granted.

The Board has determined that the Veteran's DDD is directly related to his service, and therefore grants service connection for thoracic and lumbar degenerative disc disease.

The Veteran's lumbar spine disability is currently rated at 20 percent, and separate ratings of 10 percent each are granted for radiculopathy in the right and left lower extremities.

The Veteran's right ankle disability is rated at the maximum available rating of 20 percent.,Prior to December 4, 2011, the Veteran's low back disability was rated at 20 percent. Since then, it has been rated at 40 percent.

The Board found no evidence of a chronic low back disability in service or within one year after discharge, and the preponderance of the evidence is against a finding that such disability is related to service.,VA examiners opined that type 2 diabetes mellitus and peripheral neuropathy are not caused by psychiatric disabilities.

The Board denied the Veteran's claims for service connection for a cervical spine disability and paresthesias of the bilateral upper extremities, as well as his claim for an increased rating for lumbar spine degenerative joint disease. The Veteran appealed these decisions to the U.S. Court of Appeals for Veterans Claims (Court), which remanded them back to the Board.