Back / lumbar spine decisions — 2017

The Board denied the Veteran's claims of service connection for a right knee disorder and a low back disorder, finding that there was no evidence to support these claims based on direct service connection.

The Board found that the evidence is in equipoise, supporting a finding that the Veteran's currently diagnosed low back disability is etiologically related to service. Service connection for this condition has been granted.

The Board denied a higher rating for the Veteran's low back disability on an extraschedular basis, finding that her symptoms and functional impairment were adequately contemplated by the available schedular criteria.

The Veteran's back disability is rated at 40 percent, effective October 6, 2015. His left lower extremity radiculopathy is also rated at 40 percent.

The Veteran's claim for an increased rating for lumbosacral degenerative disc disease was denied as his disability is currently rated at 20 percent, the maximum available under VA regulations.

The Board has remanded the claim for an increased rating for service-connected chronic low back pain, status post laminectomy secondary to a herniated disc at L4-L5 due to inadequate examination and need for further development.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his back disability and associated left lower extremity radiculopathy.

The Board has determined that the Veteran's tinnitus, low back disability, and bilateral hearing loss were incurred in service. The Veteran will now be granted service connection for these conditions.

The Board has determined that the Veteran's current lumbar spine disability, including intervertebral disc syndrome with degenerative arthritis, osteopenia, scoliosis, and lumbar spinal stenosis, is related to service due to continuity of symptoms since service separation. As such, service connection for these conditions is granted.

The Veteran's service-connected major depressive disorder and lumbosacral strain render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for a videoconference hearing at the VA RO in Atlanta, Georgia. The Veteran's claims for service connection for back and left hip disabilities are pending.

The Board has determined that the Veteran's current back disability is related to his in-service injury, and thus service connection for this condition is granted. The acquired psychiatric disorder (claimed as PTSD) including major depressive disorder is also found to be related to his back disability and service connection is granted.

The Veteran's service-connected back disorder is rated at 40 percent, effective as of the date of the decision. He also has a separate rating of 10 percent for associated left lower extremity radiculopathy.

The Veteran's service-connected disabilities meet the schedular requirement for a TDIU and are reasonably shown to render him unable to secure and follow a substantially gainful occupation since October 16, 2012.

The Board has determined that the Veteran's tinnitus and lumbar spine disability are service-connected as they are related to in-service incidents.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied, and his request to reopen the previously denied lower back disability claim was not successful.

The Board denied the Veteran's claims for increased ratings for her low back, left knee, and bilateral plantar fasciitis disabilities. The claim to reopen service connection for hypoglycemia was also denied.

The Board denied the reopening of the claim for service connection for a lower back disability due to lack of new and material evidence.

The Veteran's claim for an increased evaluation of lumbosacral strain was denied, and the claim for PTSD remained pending. The Board found that the evidence did not support a finding of total occupational and social impairment due to PTSD.